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(영문) 서울남부지방법원 2015.08.21 2015가합3823
양수금
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 279,431,139 and KRW 112,300,425 from April 23, 2015 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. In full view of the contents of evidence Nos. 1 and 4 and the purport of the whole pleadings, the following facts can be acknowledged.

The Young- Line Saemaul Community Fund granted a loan to the Defendant on June 5, 2004 by setting the date of the loan only, but the loan claim is below the loan claim and the loan claim of this case that occurred until the date of the closing of the argument in this case.

The amount of principal and interest shall be KRW 279,431,139, including the principal and interest in KRW 112,30,425, interest in KRW 167,130,714.

On April 18, 2014, the Yeongdeungpo- Line Saemaul Savings Depository transferred the instant loan claims to the Federation of Saemaul Savings Depository, and the Federation of Saemaul Savings Depository delegated the authority to notify the assignment of claims and notified the Defendant of the assignment of claims.

On April 18, 2014, the Korean Federation of Community Credit Cooperatives transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims.

B. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from April 23, 2015 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order, for which the Plaintiff seeks payment of KRW 112,30,425, among the KRW 279,431,139 and its principal.

2. The defendant's defense is defense that the defendant's claim for the loan of this case was extinguished upon the lapse of the five-year commercial extinctive prescription period.

On the other hand, since the defendant fails to submit materials proving that the loan claim of this case occurred through commercial activities, it is reasonable to view that the period of extinctive prescription of 10 years under Article 162(1) of the Civil Act is applied to the loan claim of this case. The fact that the maturity of the loan claim of this case was June 5, 2004 is the same as mentioned above, and it is apparent that the plaintiff's payment order of this case was filed on December 22, 2014, which was ten years after the application for the payment order of this case was filed.

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