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(영문) 서울중앙지방법원 2016.03.18 2014가단5280106
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 13,401,313 and the amount of KRW 6,226,914 from October 7, 2014 to the date of full payment.

Reasons

1. On October 29, 2002. 5,00,000,000 A4,605,142 6,004,111 8,609,253, and on October 29, 2005, Jung-gu, Seoul Special Metropolitan City on December 31, 2004; 5,00,005, 3,621,721, 721, 170, 28884, 792,06, 792, 608, 2088, 10,000,000,000,005,000,000,005,00,00,00,06-25,08,00,00,008,00,00,07,07,05,07,05,07,0815,27,27

(a) The details of loans and guarantees from the Defendant’s commercial name Saemaul Savings Depository, Industrial Bank of Korea, and Jung-Eup Agricultural Cooperatives, and the details of obligations as of October 6, 2014 are as follows:

B. The Plaintiff received the claim for each of the above loans from the financial institutions listed in the above table, and the notice of each transfer was legally delivered to the Defendant.

C. The overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on each of the above loans is 17% per annum.

【Grounds for Recognition: The purport of the entire pleadings in Gap evidence 1 to 6】

2. According to the reasoning of the judgment on the ground of the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the principal and interest on each of the above loans and the damages for delay as stated in the purport of the claim, unless there are special circumstances.

3. Judgment on the defendant's defense of extinctive prescription

A. It is difficult to view that the lending of the loans to the members by the commercial community credit cooperatives for the loans to be made by the commercial community credit cooperatives is generally for profit-making purposes (see, e.g., Supreme Court Decision 98Da10793, Jul. 10, 1998). No other evidence exists to deem the lending to constitute a commercial activity. Therefore, the extinctive prescription period of the above loans-related claims is ten years, not exceeding five years, the prescription period of commercial claims, but also 10 years, the prescription period of general

The fact that the repayment period of the above loans was October 29, 2005 is the same as that of the basic facts.

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