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(영문) 서울중앙지방법원 2015.12.23 2015가단5244886
양수금
Text

1. As to KRW 50,729,446 and KRW 37,153,701 among the Plaintiff, Defendant A shall be annually from July 21, 2015 to the full payment.

Reasons

1. Basic facts

A. On Aug. 31, 2000, the credit union Navy loaned 15,000,000 won to Defendant A at an annual interest rate of 13.5% per annum, 20% per annum, and due date of payment on August 31, 2002, and Defendant B and C jointly guaranteed the above obligation of Defendant A.

(hereinafter referred to as "one loan").

On the same day, the credit union South Korea loaned 15,00,000 won to Defendant A at the interest rate of 14.0% per annum, 20% per annum, and due date of payment on August 31, 2001, and Defendant B and C guaranteed the above obligation of Defendant A.

(hereinafter referred to as "second loan"). (c)

The credit union South and North Korea made a loan of KRW 15,00,000 on the same day to Defendant A at the interest rate of 14.0% per annum, overdue interest rate of 20% per annum, and due date of payment of August 31, 201.

(hereinafter referred to as "third loan") d.

As of July 20, 2015, the principal and interest of the first loan is KRW 20,617,254 (principal KRW 15,123,187, interest KRW 5,494,067) and the principal and interest of the second loan are KRW 16,223,638 (principal KRW 11,90,378, interest KRW 4,323,260) and the third loan principal and interest are KRW 13,88,554 (principal KRW 10,130,136, interest KRW 3,758,418).

E. On May 31, 2013, the Plaintiff acquired each of the instant loans 1-3 from the south of the Credit Union Seas, and notified the Defendants of the assignment of the loans.

The rate of overdue interest currently applied by the plaintiff is 17% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition, Defendant A is obligated to pay to the Plaintiff 50,729,446 won (20,617,254 won 16,223,638 won) 13,88,554 won ( principal 10,130,136 won, interest 3,758,418 won, and principal 37,153,701 won from July 21, 2015 to the date of full payment) an amount equivalent to 17% per annum.

However, since Defendant C and B have a defense that the extinctive prescription expired, the fact that the maturity period for loans 1 and 2 from August 31, 2001 to August 31, 2002 is the same as the above-mentioned facts, and that the five-year extinctive prescription period has expired before the instant lawsuit was filed on July 22, 2015 is apparent and different.

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