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(영문) 창원지방법원 2016.03.30 2015가단88284
양수금
Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 72,366,023 and KRW 30,000 among them, the Defendant A shall be from October 26, 2005 to January 3, 2006.

Reasons

1. Facts of recognition;

A. On May 26, 1996, the National Agricultural Cooperative Federation loaned 30,000,000 won interest per annum to Defendant A, 11.5% per annum, 18% per annum, and due date on May 27, 1997. At that time, Defendant B guaranteed the principal and interest of Defendant A within the limit of 39,000,000 won.

B. On May 27, 2004, the National Agricultural Cooperative Federation transferred the principal and interest interest claim to the Plaintiff, and notified the Defendants of the transfer of the claim on June 11, 2004.

C. In around 2006, the Plaintiff filed a lawsuit against the Defendants as Changwon District Court Decision 2006Da17754, which ordered the payment of the money as stated in the disposition on September 5, 2006. This was finalized on October 19, 2006.

[Grounds for recognition] No dispute, Gap 1-5, and 7, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants are obligated to pay the Plaintiff the same money as indicated in the text, as the Plaintiff seeks for the interruption of extinctive prescription of claims based on a final judgment.

B. Defendant B asserted that Defendant B’s claim against the Defendants was terminated after the lapse of ten years from May 27, 1996, which was the date of the loan. However, as asserted by the Plaintiff, insofar as the Plaintiff filed a lawsuit seeking the payment of the transfer money before the lapse of ten years from the due date of the loan claim and received a final and conclusive judgment in favor of the Plaintiff, such claim shall be deemed to have been suspended.

3. Therefore, the Plaintiff’s claim against the Defendants is accepted.

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