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(영문) 서울남부지방법원 2018.07.06 2017나61575

양수금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. On March 28, 2007, the Cheongju Saemaul Community Fund borrowed KRW 15,000,000 to Defendant A at the rate of 2% per annum in addition to the standard interest rate; the compensation rate for delay was 24% per annum in addition to the standard interest rate; and the expiration date of the loan period was March 28, 2008; and Defendant B guaranteed Defendant A’s obligation.

B. On March 29, 2012, the Cheongju Saemaul Savings Depository transferred its claims against the Defendants to the Federation of Saemaul Savings Depository. On August 7, 2015, the Cheongju Saemaul Savings Depository transferred its claims against the Defendants of the said Federation to the Plaintiff.

On September 14, 2015, the Plaintiff notified Defendant A of the assignment of claims as the agent of the above credit cooperative and the Federation.

C. Meanwhile, on September 19, 2008, the Cheongju Saemaul Bank was sentenced to a favorable judgment that "the defendants jointly and severally pay 15,000,000 won to the Cheongju Saemaul Bank and 11.9% per annum from November 1, 2007 to December 31, 2007, and 24% per annum from the next day to the date of full payment" against the defendants, and the judgment became final and conclusive on October 21, 2008.

On November 14, 2016, the Plaintiff applied for the instant payment order to the court.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff is a creditor who received the claim against the Defendants in succession from the Cheongju Saemaul Bank and the Korea Community Credit Cooperatives Federation, and filed the instant lawsuit against the Defendants by the expiration of the extinctive prescription period of the judgment on loans and guaranteed debts (10 years). As such, Defendant A and Defendant B, a primary debtor, a joint and several surety, are jointly and severally liable to pay the Plaintiff the amount stated in the purport of the claim and damages for delay.

(2) Defendant A shall pay money from the Cheongju Saemaul Bank on March 28, 2007.