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(영문) 서울남부지방법원 2019.04.05 2018나60937
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant on 727.

Reasons

1. Basic facts

A. C loaned 5,00,000 won to D on August 21, 2001 at an annual interest rate of 11.5% per annum, 20% per annum, and 13 June 2004 on the expiration date of the lending period. The network E (hereinafter “the network”) guaranteed the above lending obligation of D.

B. The Deceased died on January 10, 2002, and his heir was the Defendant, F, and G as his spouse. However, F and G were decided to accept the renunciation of inheritance as the Jeonju District Court 2002Ra66 on March 13, 2002.

C. C filed a lawsuit against D and the Defendant for the payment of a loan with the Jeonju District Court 2004Gau4243, the Seoul District Court Doksan District Court 2004, Apr. 2, 2004, and sentenced on Apr. 2, 2004, that “C shall pay D 1,698,600 won, and the Defendant shall jointly and severally with D 727,972 won out of the above amount and each of the above amounts to D 727,972 won with 20% interest per annum from July 4, 2003 to the day of full payment.”

The above judgment was finalized on May 7, 2004. D.

C transferred C’s loans to H on January 7, 2005, to H, and H transferred each of the above claims to the Plaintiff on April 18, 2014. Upon delegation from C and H, the Plaintiff notified D of the said assignment of claims on May 19, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers in case of additional number), the purport of whole pleadings

2. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant is obligated to pay to the Plaintiff, the transferee of the claim, 727,971 won (1,698,600 won x 3/7, and less than won) equivalent to 3/7 of the defendant's share of inheritance and delay damages therefor.

3. Judgment on the defendant's assertion

A. The claim for joint and several sureties of this case not only has the five-year extinctive prescription under the Commercial Act due to the commercial loans, but also has already expired 10 years since the expiration date of the loan, as well as May 7, 2004, which is the date when the judgment became final and conclusive, from June 13, 2004.

B. Determination 1: all the provisions of the I law.

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