beta
Text
1. Of the instant lawsuit, the Plaintiff acquired from the Gyeongnam Bank Co., Ltd. and the Seoul Guarantee Insurance Co., Ltd.
Reasons
1. Facts of recognition;
A. The Plaintiff filed the instant lawsuit on the ground that the Plaintiff acquired the claim against Defendant A as set forth below.
C. C. 5,649,335,719,214 Won 3 Seoul Guarantee Insurance Co., Ltd. 2,574,930,930 Won 4,51,091 Won 14,80,000 Won 14,290,865 Won 2,000
B. Meanwhile, on October 30, 2007, Gyeongnam Bank received an order to pay the above bonds from the defendant Gap on October 30, 2007 and confirmed the payment order as it is, and the Seoul Guarantee Insurance Co., Ltd. received the Seoul Central District Court Decision 2009 Ghana15485 on February 9, 2009 against the defendant A and confirmed the execution recommendation decision as it is.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 11, purport of the whole pleadings
2. As to the part of dismissal as above, the part of the claim filed by the Plaintiff with the acquisition of the claim by transfer of the Gyeongnam Bank Co., Ltd. and Seoul Guarantee Insurance Co., Ltd. is based on the final judgment of the previous suit, and it cannot be deemed that the ten-year lapse
Therefore, this part of the Plaintiff’s claim is unlawful as there is no benefit in the protection of rights (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). Therefore, this part is dismissed.
3. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay at the rate of 17% per annum, which is the overdue interest rate of KRW 29,090,865, and KRW 14,80,000, among them, from May 26, 2014 to the date of full payment.
As to this, Defendant A asserts that the above claim has become extinct due to the completion of prescription.
According to the above evidence, Defendant A loaned 14,80,000 won from the social corporation of the Dongyangdong on January 31, 2008 under the joint and several surety of Defendant B on January 31, 200 and set the lending period as 60 months.