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(영문) 서울중앙지방법원 2016.08.17 2016나3736
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 as to the cause of the claim, the amount of KRW 27,090,00 to the deceased D (hereinafter "the deceased") on November 12, 1999 shall be set as the due date for repayment of 12, 201, interest rate of 13%, interest rate of 18% per annum, and interest rate of 18% per annum. When the defendant A and B jointly and severally guaranteed the deceased's above loan obligation to the above union, the above union transferred the above loan obligation to the plaintiff on June 21, 2013. The plaintiff was delegated with the authority to notify the assignment of the obligation from the above union and notified the deceased of the assignment of the obligation as the principal obligor on June 23, 2014; the deceased's death on June 25, 2015; the plaintiff may apply the above loan interest rate of 206% per annum 146,719.7

According to the above facts of recognition, Defendant A and B, a joint guarantor of the deceased, are liable to pay damages for delay calculated at the rate of 17 percent per annum from July 15, 2015 to the day of full payment, which is the following day of each of the above calculation (26,936,654 won x 1/2 of the above amounts (64,479,930 won x statutory inheritance x 1/2 of the above amounts) and 13,468,237 won (26,936,654 x 1/2 of the above amounts) to the Plaintiff.

2. The Defendants’ defenses asserted that the statute of limitations has expired. As such, it is obvious that the Plaintiff’s lawsuit of this case was filed on July 16, 201, when five (5) years, the commercial statute of limitations period, or ten (10) years, after the expiration of the statute of limitations period, as seen earlier.

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