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(영문) 서울북부지방법원 2019.03.19 2018가단135154

양수금

Text

1. The Plaintiff:

A. As to KRW 315,408,218 and KRW 100,00,00 among them, Defendant C Co., Ltd. shall begin on December 6, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments in Gap's evidence Nos. 1 through 6 (including each number), Eul Co., Ltd. entered into a loan agreement with the defendant Co., Ltd. on December 23, 2005 with the limit of KRW 200 million per annum on the interest rate fluctuation rate, overdue interest rate, 21% per annum, and December 23, 2006 on the expiration date of the loan period, and Defendant D jointly and severally guaranteed the limit of KRW 260 million. The above loan claims were assigned in sequence from E to the plaintiff via F limited company and G limited company, and the above credit assignment notice was completed to the defendants around that time. The defendants are jointly and severally liable to repay the above loan obligation to the plaintiff.

2. The Defendants asserted that the statute of limitations for the above loan obligation has expired. Accordingly, according to the evidence evidence Nos. 6, 7, and 1 evidence No. 1, the Defendants asserted that E filed a lawsuit against the Defendants for six total loans including the above loan obligation, and the lawsuit seeking payment of credit card payment ( Jeju District Court 2006Gadan24673) against the Defendants, and the judgment of accepting the claim was rendered on December 19, 2006, and the above judgment became final and conclusive on January 12, 2007 and January 6, 2007 against the Defendant C, and it is evident in the record that the Plaintiff filed an application for the payment order against the Defendant on January 3, 2017. Accordingly, the statute of limitations for the acquisition of the loan of this case against the Plaintiff against the Defendant is not complete. Accordingly, the Defendants' assertion is without merit.

3. According to the conclusion, as part of the Plaintiff, Defendant C Co., Ltd., as part of the claim, and ① Defendant C Co., Ltd., as of December 5, 2016 (the sum of KRW 215,408,218, out of the overdue interest accrued up to the point of time on the KRW 100 million and the outstanding principal of the loan as of December 5, 2016) and one of the above KRW 100 million from December 6, 2016 (the following day).