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(영문) 광주지방법원 2015.04.08 2015가단500977
양수금
Text

1. As to KRW 70,734,042 and KRW 25,00,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 70,734,042 from November 13, 2014 to February 12, 2015.

Reasons

1. Determination B on the existence of a claim: (a) on November 4, 1999, the amount of KRW 25,00,000 from the Pyeongtaek Agricultural Cooperative borrowed at the interest rate of KRW 12.8% per annum; (b) 18% per annum; and (c) on November 4, 2002, the due date for repayment; (b) the Defendant jointly and severally guaranteed the above loan obligations on the same date; (c) on November 12, 2014, the amount of debt is KRW 70,734,042 (i) (i) the principal amount of KRW 25,00,00,000; and (iv) the amount of debt is KRW 45,734,042, such as interest rate of KRW 25,000,000; and (v) on May 20, 2014, the Pyeongtaek Agricultural Cooperative transferred the above claim to the Plaintiff on or before the same month was not disputed between the parties; or may be acknowledged by evidence attached

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the principal and interest of KRW 70,734,042 as well as damages for delay after November 13, 2014 as principal and KRW 25,00,000.

2. Determination on the extinction of prescription

A. The Defendant’s claim against the Defendant was extinguished by prescription after five years from the due date for reimbursement.

B. As seen earlier on November 4, 2002, the period of reimbursement for the above claim by Pyeongtaek Agricultural Cooperative was as set out in the judgment. The instant lawsuit was filed on November 13, 2014, which was more than five years prior to the period of extinctive prescription for commercial matters.

However, according to the overall purport of evidence Nos. 1 and 3 as well as the entire arguments, the Hamyeong Agricultural Cooperative applied for a payment order against B and the defendant as the Hamyeong-gun District Court 2004Da1116, Mar. 28, 2004, which became final and conclusive on March 28, 2004, and the Hamyeong Agricultural Cooperative applied for a payment order against B on October 25, 201 upon the final and conclusive payment order, for a claim seizure and collection order as the 27th of the same month, and issued a claim seizure and collection order from the above court on October 27, 201, and thereafter, recognized the fact that the above claim seizure and collection order became final and conclusive.

The period of extinctive prescription of claims which have been confirmed in a payment order shall be limited to the short term.

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