대여금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2.On the basis of the selective claims added in the trial:
Basic Facts
The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and thus, it cites this part in accordance with the main sentence of Article 420 of the Civil Procedure Act.
In full view of the purport of the entire pleadings in the statement of evidence Nos. 4, 12, and 2, 11, 13, 18, and 20 (including branch numbers) of the Defendant’s assumption of an exemption from liability, the Defendant agreed to the effect that the Defendant agreed to cancel the instant loan obligation owed by the primary debtor A around June 2007, including that the Defendant agreed to assume the responsibility for the Defendant’s cancellation of the sales contract at around that time. The Defendant’s representative director B notified the buyer of the cancellation of the contract and agreed to the third party that the buyer would be entirely responsible for the part payment obligation of the buyer; Seoul Mutual Savings Bank notified the Defendant of the expiration date, loss of benefit for time, and extension of maturity; and the Defendant’s continuous payment of interest on the instant loan obligation from the cancellation of the agreement to March 30, 2010.
In full view of these facts, it is reasonable to view that the Defendant exempted the obligation of the instant loan that A had borne by the rescission of the agreement on the instant sales contract with A around June 2007, and around that time, the creditor Seoul Mutual Savings Bank consented thereto. Therefore, the Defendant is liable to pay the Plaintiff, a bankruptcy trustee of the Seoul Mutual Savings Bank, the amount of the instant loan of KRW 51,243,424 and the delay damages calculated at the rate of 23% per annum from May 12, 2014 to the date of full payment.
The defendant's assertion that the period of extinctive prescription has expired on August 13, 2005 and September 1, 2005, when five years have elapsed since the due date of the loan of this case. < Amended by Act No. 12590, May 30, 2014>