(영문) 부산지방법원 2015.11.27 2015나45502

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(영문) 부산지방법원 2015.11.27 2015나45502

양수금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the purport of Gap evidence No. 1 and evidence No. 4 as to the cause of the claim and the whole pleadings, the Busan Livestock Cooperative established on July 29, 1996 the interest rate of KRW 20 million per annum 13.5% per annum, overdue interest rate of KRW 21% per annum, repayment date of KRW 28% on July 28, 1997 (hereinafter “instant loan”). The Busan Livestock Cooperative transferred its claim for the instant loan to the plaintiff on June 28, 2013. The plaintiff, who was delegated with the authority to notify the assignment of claim by the Busan Livestock Cooperative, notified the defendant of the fact of the assignment of claim on June 24, 2014, and the principal and interest of the instant loan as of July 29, 2014 (= principal and interest of KRW 10,409, KRW 129, KRW 129, KRW 14, KRW 1375, KRW 655).

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 24,766,734 won and delay damages for the principal amount of 10,409,129 won, except in extenuating circumstances.

2. Judgment on the defendant's defense, etc.

A. The Defendant asserts that the statute of limitations defense by the Defendant had expired at the time of the instant lawsuit.

According to the purport of Eul evidence and the whole pleadings, the Busan Livestock Cooperative filed a lawsuit against the defendant et al. for the payment of the remaining principal and interest of the loan claim of this case (Seoul District Court 99Da24290) on August 12, 1999 and rendered a judgment on August 12, 199 that "the defendant jointly and severally pays to the plaintiff the amount of 21,456,197 won and 10,409,129 won at the rate of 19% per annum from March 30, 1999 to the full payment, and the above judgment was confirmed to have become final and conclusive on September 9, 199, and it is apparent that the plaintiff filed the lawsuit of this case on September 17, 2014 at the expiration of 10 years from the date the above judgment became final and conclusive, and thus the defendant's claim for the loan of this case was extinguished by prescription.

B. On March 19, 2010, the Plaintiff rendered a judgment on the Plaintiff’s re-appealing part of KRW 364,940 out of the instant loans.

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