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(영문) 대전지방법원 2019.06.26 2019가단6772
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 266,859,027 and KRW 63,395,715 among them, from March 18, 2019 to April 9, 2019.

Reasons

1. Facts of recognition;

A. On October 27, 2009, the E Union loaned 290,000,000 won to Defendant B church (hereinafter “Defendant church”) on October 27, 2012 at the maturity of payment, the rate of change in the interest rate (based on the base rate -0.3%) and the maximum of 21% (based on the delayed period) (based on the delayed period) (hereinafter “instant loan”), Defendant C and D respectively jointly and severally guaranteed the above loan obligations of KRW 377,00,000 on the same day.

B. The defendant church did not repay the loan even after the due date expires.

C. On April 29, 2015, the E Union transferred the claim for the instant loan to the Plaintiff. On April 30, 2015, the E Union notified the Defendant church, the primary debtor, of the assignment of the said claim by content-certified mail.

On February 22, 2019, the Plaintiff delegated the assignment of claims by the E Association notified each of the above assignment of claims to Defendant C and D.

E. As of March 17, 2019, the principal and interest of the instant case are KRW 266,859,027 (i.e., remaining amount of loans plus KRW 63,395,715 + KRW 203,463,312) until March 17, 2019; and the interest rate for delay from April 30, 2018 is KRW 9.19% per annum.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, barring special circumstances, the Defendants shall pay to the Plaintiff the amount of KRW 266,859,027 and KRW 63,395,715 from March 18, 2019 to April 9, 2019, an annual interest rate of KRW 9.19%, which is the agreed interest rate for delay, and damages for delay calculated at the rate of KRW 15%, which is stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment. Defendant C and D are obliged to pay the amount of KRW 377,00,00 to the Plaintiff within the limit of KRW 377,00,00.

3. Defendant C and D asserts that the debt of the instant loan has expired due to the lapse of the commercial statute of limitations as to the assertion on the grounds of extinctive prescription defense.

The obligations of the instant loan are commercial obligations arising out of commercial transactions.

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