(영문) 인천지방법원 2015.08.12 2015나51302

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(영문) 인천지방법원 2015.08.12 2015나51302

양수금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

2. The text of the judgment of the court of first instance is set forth.

Reasons

1. According to the overall purport of Gap evidence Nos. 1, 2, 3, 7, 8, and Eul evidence Nos. 1-2 as to the cause of the claim, Eul obtained a loan of KRW 10,000,000 (hereinafter "the instant loan") from Gobuk Agricultural Cooperative as of March 2, 1998 by the transaction period until March 2, 1999, and the defendant jointly and severally guaranteed the debt of this case within the limit of KRW 13,000,00,000, the plaintiff acquired the credit of this case from Gobuk Agricultural Cooperative on June 28, 2013, and sent the credit assignment notice to Eul on March 31, 2014 by content-certified mail, and the claim of this case was received by the above credit transfer notice at that time, the remainder of the loan of this case as of May 26, 2014, and the remainder of the loan of this case is recognized.

Unless there are special circumstances, the guaranteed obligation is all the principal obligation and its interest, penalty, damages and other principal obligation within the limit of guarantee, and according to the above facts, the Defendant shall be liable to guarantee the obligation of the instant loan within the limit of 13,00,000 won.

However, as seen earlier in the factual basis, the total sum of the principal and interest of the instant loans incurred until May 26, 2014 exceeds KRW 17,333,427, and as such, the Defendant is obligated to pay the Plaintiff KRW 13,000,000 among them.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Plaintiff notified that the instant loan was transferred only to B, who is the principal debtor, and did not notify the Defendant as the guarantor of the assignment of the claim. As such, the Defendant cannot claim the instant loan to the Defendant. 2) Since the High-North Agricultural Cooperative did not exercise its claim for the instant loan for more than 10 years, the instant loan claim expired by prescription.

B. The assertion that there was no notification of assignment of claim 1.

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