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(영문) 서울남부지방법원 2020.05.07 2019가단268713
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 107,668,530 and KRW 44,882,614 among them from October 1, 2019 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings as to the plaintiff's claim Gap evidence Nos. 1 and 6, the facts as to the reasons for the claim can be acknowledged.

According to the above facts, as a joint and several surety for the instant loan obligations, the Defendant is obligated to pay the Plaintiff, as the assignee of the above loan obligations, the agreed damages for delay calculated at the rate of 12% per annum from October 1, 2019 to the date of full payment, as to the principal amount of KRW 107,68,530 as of September 30, 2019, and the principal amount of KRW 44,882,614.

In regard to this, the Defendant alleged to the effect that C, the primary debtor of the instant loan obligation, had 5 years elapsed from the 2012-year statute of limitations period, which began to pay the said loan obligation. However, the fact that C, the primary debtor of the instant loan obligation, was filed on July 19, 2016 and the period of repayment of the said loan obligation was the same as the foregoing cause of claim, and within 5 years thereafter, is apparent in the record, and thus, the Defendant’s above assertion is groundless.

2. Conclusion, the plaintiff's claim is justified and acceptable.

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