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(영문) 서울중앙지방법원 2016.10.21 2015가단5269335
양수금
Text

1. Defendant B’s interest rate of KRW 44,758,157 and KRW 30,000 among the Plaintiff’s interest rate of KRW 44,758,157 is from July 14, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Selection C was loaned KRW 30 million from the High Chang Credit Cooperative on October 15, 2002

(hereinafter “instant loan”). In this case, the Defendant (Appointed Party) A, Appointor D, and E, a mother, jointly and severally guaranteed the above loan obligations of the Appointor C.

B. The expiry date of the loan term of this case is October 15, 2005, and the interest rate is 10.95% per annum, and the overdue interest rate is 19% per annum.

C. On June 21, 2013, the High Chang Credit Union transferred its claim to the Plaintiff, and delegated its notification authority to the Plaintiff.

On July 24, 2015, the Plaintiff notified C of the assignment of claims.

As of July 13, 2015, the loan obligation of this case as of July 13, 2015 is the principal amount of KRW 30,000,000, interest for arrears of KRW 14,758,157, and KRW 44,758,157.

E. On April 22, 2012, E, a joint and several surety, died after having left F, G, H, I, Defendant (Appointed Party) and Defendant B as the inheritor.

However, the remaining successors except Defendant B reported the renunciation of inheritance as Jeonju District Court Branch 2012Ra163.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence, Eul evidence 1

2. According to the above facts of recognition as to the cause of the claim, the defendant (Appointed Party C, D, and defendant B are jointly and severally liable to pay to the plaintiff 4,758,157 won of the principal and interest of loans and 30,000,000 won of the principal and interest of the loans, and damages for delay calculated at the rate of 17% per annum from July 14, 2015 to the date of full payment, barring any special circumstance.

3. Determination as to Defendant A’s defense of extinctive prescription

A. The summary of the assertion is that the five-year commercial prescription is applied to the instant loan, and the five-year commercial prescription period has expired on October 15, 2010, which was earlier than October 15, 2005, which was the maturity of the loan. Even if the commercial prescription period is not applicable, the statute of limitations has expired on February 24, 201, counting from February 24, 2004, when the benefit of time under the loan agreement was lost.

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