logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 서울중앙지방법원 2018.10.17 2018가단5013229
양수금 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from October 13, 2017 to KRW 359,354,230 and KRW 161,53,351 among them.

Reasons

1. Facts of recognition;

A. The National Bank Co., Ltd. lent money to Defendant A as follows:

(b)the rate of delayed interest on loans Nos. 1 and 2 above is 21 per annum and the rate of delayed interest on loans No. 3 shall be 14.94 per annum.

Defendant A agreed to lose the benefit of time and immediately repay the total amount of the debt when the interest, etc. is overdue for at least one month.

C. Defendant B guaranteed each of the above obligations of Defendant A Co., Ltd. within the limit of KRW 728,000,000.

Defendant A forfeited the benefit of time after March 2, 2007.

E. The National Bank Co., Ltd. transferred its claims against the Defendants to the Plaintiff as prescribed by the Asset-Backed Securitization Act.

F. As of October 12, 2017, the remaining principal and interest obligations of the Defendants against the Plaintiff are KRW 359,354,230.

[Ground of recognition] Facts without dispute, evidence A1 to 13, purport of whole pleadings

2. According to the above facts of determination, Defendant A, a corporation, bears the duty to pay the above interest rate of 21% per annum for the agreed interest rate of 359,354,230 won and 1,61,53,351 won per annum for the total amount of loan principal from October 13, 2017 to the date of full payment, and the interest rate of 18,709,424 won per annum for the loan principal from October 13, 2017 to February 6, 2018, which is the delivery date of the original copy of the payment order of this case, and the interest rate of 14.94% per annum for the agreed interest rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, and the above interest rate of 161,533,351 won per annum for the Defendant B, jointly and severally with Defendant A, and the above interest rate of 728,000 million won.

The defendants defense that commercial extinctive prescription has expired with respect to the above obligation, but if the creditor applied for a voluntary auction as the execution of the secured obligation to secure another's property, and the auction court decided 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 debtor who receives the benefit of prescription shall be subject to Article 17

arrow