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(영문) 서울중앙지방법원 2015.04.10 2014가단5170643

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 29,97,030 and KRW 9,99,010 among them, from September 24, 2006 to September 9.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) The long-term agricultural cooperative loaned KRW 30,000,00 to Defendant A on February 29, 200, and Defendant B asserted that the above loan obligation was jointly and severally guaranteed, and filed a lawsuit against the Defendants claiming a loan for the remaining interest and interest on September 23, 2005 in Daejeon District Court Gong2843. The Defendants jointly and severally paid KRW 29,97,030 to the long-term agricultural cooperative, and the amount of KRW 9,99,010 among them was paid KRW 9,99,010 until September 23, 2006, the Defendants lost their interest by adding the above annual interest rate of KRW 9,99,99,010 until September 23, 2007, and the remaining amount of KRW 9,99,010 until September 23, 2007 to October 29, 2008.

3) On June 28, 2013, a long-term agricultural cooperative transferred a claim under the above conciliation protocol to the Plaintiff, and the Plaintiff, who is delegated with the authority to notify the assignment of claims by a long-term agricultural cooperative, notified the Defendant A of the assignment of claims. B) The Plaintiff filed the instant lawsuit on June 16, 2014, prior to the expiration of the extinctive prescription for the interruption of a claim based on the above conciliation protocol (see, e.g., Supreme Court Decision 98Da1645, Jun. 12, 1998). Accordingly, the Defendants jointly and severally liable to pay damages for delay calculated on September 24, 2006 to the Plaintiff from September 24, 2006 to September 9, 99,09,010 to September 29, 99,010, as the Plaintiff seeks, and from September 24, 2007 to September 9, 2010 to September 25, 2010.

2. Determination as to the defendants' defense

A. The defendants' claims for the above loans are five years or more under the Commercial Act from February 28, 2003, the expiration date of the loan term.

참조조문