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(영문) 서울중앙지방법원 2016.07.19 2016가단26097

대여금 등

Text

1. The Plaintiff:

A. As to KRW 1346,917,321 and its KRW 200,00,000 among Defendant A Co., Ltd., from February 23, 2016.

Reasons

1. As of February 22, 2016, the Plaintiff loaned to Defendant A Co., Ltd. with a maturity of KRW 200 million on April 16, 2009 as of April 13, 2012, and ② as of March 28, 2007, with a maturity of KRW 200 million on March 28, 2012. Defendant B guaranteed a joint guarantee within the limit of KRW 260,000,000 for each of the above loans. As of February 22, 2016, ① as to the loans for general working capital, the principal amount of KRW 21,816,896, overdue interest rate, KRW 125,100,425, and ② as to the loans for general working capital, the Defendants’ loans and interest rate of KRW 195,195,195,25,195,295,205,715,715, etc. as of interest rate of interest rate of KRW 195,25,25.

2. Judgment on the defendants' assertion

A. The Defendants asserted that the total overdue interest in each of the above loans 293,031,365 won has expired three years under subparagraph 1 of Article 163 of the Civil Act. Thus, according to each of the above statements, the above overdue interest is damages for delay caused by delay in payment of the above loans 293,031,365 won, and its nature is not interest or interest, and the above overdue interest is not "a claim prescribed within one year" under subparagraph 1 of Article 163 of the Civil Act. Thus, the above overdue interest is not subject to the short-term extinctive prescription for three years (see, e.g., Supreme Court Decision 2010Da24435, Sept. 9, 201). Meanwhile, the above overdue interest in the loans 201, from December 10, 2011, from November 3, 2011 to 2016, each of the above claims has not been made for the lapse of the extinctive prescription period.

B. Defendant B shall be the same.