양수금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 85,287,618 and the interest rate thereon from May 29, 2019 to the date of full payment.
1. Facts of recognition;
A. On September 29, 2007, E Co., Ltd. (the trade name before the change: FF; hereinafter “E”) provided installment financing loans to Defendant B Limited Partnership Company (hereinafter “Defendant Company”) for the purchase of automobiles. On July 30, 2008, E Co., Ltd. drafted an authentic deed of debt payment contracts with the Defendants as follows.
1) Defendant Company’s principal and interest of loan 127,681,658 won (principal amount is KRW 90,611,252) for Defendant Company E.
(2) The Defendant Company made an offer to pay the above debt in installments as follows, and E accepted it. (3) The Defendant Company shall pay the above debt in installments to E, and shall pay in 1,907,998 won from September 2, 2008 to August 2, 2014, and shall pay in 1,771,460 won each time from October 2, 2008 to August 2, 2014.
3) If the Defendant Company delays the above payment, it must automatically lose the benefit of time and immediately repay the remainder of the obligation, even without any notification or peremptory notice from E. 4) Defendant C and D shall jointly and severally guarantee the above obligation of the Defendant Company.
B. On March 5, 2014, the Plaintiff acquired the above claim against the Defendants from E.
C. However, the Defendant Company delayed the payment from March 2, 2009, and the outstanding principal amount is KRW 85,287,619.
[Ground of recognition] Defendant Company and C: A without dispute, entry of evidence Nos. 1 through 5, and the purport of the whole pleadings as to the whole, Defendant D: Confession (Article 150 of the Civil Procedure Act)
2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable for payment of KRW 85,287,618 against the Plaintiff out of the principal amount and delay damages therefrom to the Plaintiff, barring any special circumstance.
(hereinafter “instant claim”). 3.3. The Defendant Company, C’s defense, and C asserted that the instant claim had expired by prescription. As such, the Defendant Company agreed to immediately lose the benefit of time when the Defendants delayed payment in installments. However, the Defendants delayed payment from March 2, 2009.