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(영문) 서울중앙지방법원 2014.10.15 2013가단223095
대여금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On July 4, 2007, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Company”) under Defendant B’s joint and several sureties (joint and several guarantee ceiling amounting to KRW 9.1 billion).

(1) On December 4, 2007, at maturity of 7 billion won, a loan (hereinafter referred to as “instant loan”) is made by setting the interest rate and delayed interest rate as “under the conditions as prescribed by the Plaintiff within the highest rate or any other limitation prescribed by the laws and regulations.”

(1) The Defendant Company’s trust of coconck assets (hereinafter “trust company”) shall be deemed to be a trust company

(2) The instant loan was extended to the maturity on December 4, 2007, February 4, 2008, April 4, 2008, May 4, 2008, June 4, 2008, and July 4, 2008, upon the Defendants’ request for extension of the due date. The instant loan was finally confirmed on September 4, 2008.

3) As of August 7, 2013, the principal and interest of the instant loan as of August 7, 2013 are KRW 5,189,08,690,691 [the balance of the loan (principal) KRW 2,490,642,028, interest and overdue interest KRW 2,698,438,663]. [Grounds for recognition] The facts without dispute, Gap evidence 1 through 3 (each entry including the serial number, the purport of the entire pleadings, and the purport of the whole pleadings.

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay 300 million won, where the Plaintiff explicitly sought part of the unpaid principal and interest of loan to the Plaintiff, barring any special circumstance.

2. Determination on the assertion on the extinction of prescription

A. The summary of the Defendants’ assertion is that the instant loan claim was lost on June 5, 2008 or August 10, 2008, which was prior to the maturity date, and that the statute of limitations has already expired prior to the filing of the instant lawsuit.

B. At the time of the conclusion of the instant loan agreement 1, the Plaintiff and the Defendants approved the application of the “for the enterprise of the terms and conditions of bank credit transaction”. Article 7(3) of the said terms and conditions provides that the obligor shall, as a matter of course, pay interest, etc. on the obligor for 14 consecutive days from the time of the payment of such interest, etc.

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