양수금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 as well as the interest rate from June 12, 2020 to the day of full payment.
1. Determination on the cause of the claim
A. (1) On August 14, 2009, the Industrial Bank of Korea established a credit limit amount of KRW 300 million and KRW 100 million to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and extended each loan to each of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”), Defendant C, D, and E jointly and severally guaranteed each of the above loans by Defendant Co., Ltd.
In addition, the Industrial Bank of Korea had a credit card user claim against the defendant company.
(2) Around June 28, 2011, the Defendant Company lost the benefit of time due to the delayed payment of the principal and interest of each of the above obligations. Each of the above claims was transferred from the Industrial Bank of Korea to the F Limited Liability Company (hereinafter “Nonindicted Company”) and from the Nonparty Company to the Plaintiff on December 15, 2015, respectively.
(3) The remaining amount of each of the above claims is as listed below as of February 12, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 5, Gap evidence 10, purport of whole pleadings
B. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 100 million won of the principal of each of the above loans and damages for delay, for which the plaintiff seeks part of the transfer money.
2. Determination as to the defendants' defense
A. The Defendants asserted that each of the above loans was extinguished 5 years after the extinctive prescription period, counting from the date of loans extended by the Industrial Bank of Korea, 2009.
On this issue, the plaintiff re-fights that the decision to commence auction was served on the defendant company in an auction procedure for the property to secure another's obligation, and the extinctive prescription has
B. (1) Determination (1) If the creditor applied for a voluntary auction as an execution of the secured claim against a surety, and the auction court made a decision to commence the auction, and if the decision is served on the debtor as an interested party in the auction procedure or the date of auction is notified, the prescription shall be extended.