logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.08.28 2013가단266436
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was based on the Seoul Central District Court Decision 2012Hu60941.

Reasons

1. Facts of recognition;

A. On September 2, 2002, the Plaintiff entered into a monetary loan agreement with E&I (A&I) on September 2, 2002, setting a limit of KRW 5 million per annum, interest rate of KRW 87.60 per annum, interest rate of KRW 89.425 per annum, and interest rate of KRW 89.425 per annum, monthly agreement date and September 2, 2007; and borrowed KRW 3 million from the above company on September 7, 2007.

(hereinafter “The instant monetary loan agreement”). According to the instant monetary loan agreement, the Plaintiff would lose the benefit of time if the Plaintiff did not even make a repayment equivalent to the agreed date once, and the said company may request the Plaintiff to pay the principal and interest immediately.

B. On June 30, 2003, the above company transferred each of the above principal and interest claims to the defendant on December 12, 2003, and notified the plaintiff around that time.

C. On April 4, 2012, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the acquisition amount claim under the Seoul Central District Court Decision 2012 tea60941, and on April 6, 2012, the said court ordered the Plaintiff to pay to the Defendant an amount calculated at the rate of 38.69% per annum for KRW 21,317,49,150 and KRW 2,99,150 from April 5, 2012 to the date of full payment, and the said payment order was finalized on May 10, 2012.

(hereinafter referred to as the “instant payment order”). [The grounds for recognition] The entry of Gap evidence 1, 2, Eul evidence 1-1, 2, 3, Eul evidence 2 and 3-1, 2, and Eul evidence 4, and the purport of the whole pleadings.

2. The assertion and judgment

A. A. (1) The Plaintiff’s assertion that the cause of the claim occurred. Around 2002, the Plaintiff received a claim for the refund of the total amount of the loan and interest of the Plaintiff. Around that time, the Plaintiff lost the benefit of time and the due date arrives. The Defendant filed an application for the instant payment order on April 4, 2012 after five years passed thereafter, and the extinctive prescription of the claim for the above transfer and interest expires.

arrow