beta
(영문) 전주지방법원 2018.08.23 2018가단2563

양수금

Text

1. The defendant shall pay to the plaintiff KRW 448,81,689 and KRW 114,254,830 from December 14, 2017 to the date of full payment.

Reasons

According to the overall purport of Gap evidence Nos. 1 through 4 and the arguments, the defendant received a loan of KRW 350,00,000 from Hansung Bank (hereinafter "Korea Bank") on August 23, 2002. The plaintiff acquired the above principal and interest of loan from the above bank and notified the defendant thereof. The defendant's obligation until December 13, 2017 is 114,254,830, overdue interest of KRW 334,626,859, overdue interest of KRW 334,626,859, and overdue interest rate of KRW 19% per annum, barring special circumstances, the defendant is obligated to pay to the plaintiff the interest of KRW 448,881,689 ( KRW 114,254,830, KRW 334,626,859, KRW 114,254,889) and damages for delay at the rate of 19% per annum from December 14, 20197.

Although the Defendant asserted that the Plaintiff’s claim was a commercial bond and the five-year extinctive prescription has expired, according to the overall purport of the entries and arguments in the evidence Nos. 5 through 9, the Defendant received an application from the Plaintiff for the approval of each obligation and the issuance of a certificate of debt on October 20, 2005 and September 30, 2008, and approved the obligation and suspended the extinctive prescription. When the Plaintiff filed a petition for bankruptcy with this court on June 25, 2013, the extinctive prescription was interrupted upon the Plaintiff’s participation in the bankruptcy procedure as the obligee and the procedure was terminated on August 20, 2015, and on December 21, 2017, the five-year statute of limitations has expired. Accordingly, the Defendant’s defense for the completion of the said extinctive prescription has no merit.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.