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서울중앙지방법원 2016.03.25 2015가단79155

양수금

Text

1. The defendant (Appointed Party), the Appointed Party B and C are jointly and severally liable to the plaintiff for KRW 50,000,000 and they are jointly and severally liable to the plaintiff.

Reasons

1. Determination on the cause of the claim

(a) The fact of recognition; 1) The Jung-gu Mutual Savings Bank (former Mutual Savings Bank Escar Savings Bank; hereinafter referred to as the “Mutual Savings Bank”);

D on July 18, 2006, a loan of KRW 1.1 billion due and payable to D on July 19, 2008 (hereinafter this case’s loan) is extended on July 19, 2008.

Defendant (Appointed Party, hereinafter referred to as Defendant)

(1) In the event that the designated parties B and C (hereinafter referred to as the “designated parties”) and the designated parties are collectively expressed, the Defendants shall be the Defendants.

(2) As of July 25, 2013, the Savings Bank transferred the principal and interest claim amounting to KRW 92,00,000 among the instant loans to the Plaintiff, and notified the Defendants thereof.

3) As of April 28, 2015, D’s obligation for the principal and interest of D’s loan that the Plaintiff acquired as of April 28, 2015 is KRW 1,001,189,813 ( = Principal KRW 992,00,00,000, etc. = KRW 9,189,813). [The fact that there is no dispute over a part of the grounds for recognition, each entry in Gap’s evidence Nos. 1, 2, 4,

B. According to the above facts, the Defendants, a joint and several surety, jointly and severally. Within the scope of KRW 992,00,000,000 of the principal amount of the loan extended to the Plaintiff, the Defendants, a joint and several surety, are obligated to pay to the Plaintiff the amount calculated at each rate of KRW 1,430,000 per annum from July 31, 2015, the following day after the delivery date of a copy of the complaint against the Defendants, from June 3, 2015 to September 30, 2015, and from the following day after the delivery date of a copy of the complaint to the Defendants, the Defendants, a joint and several surety, are liable to pay to the Defendants the amount calculated at each rate of KRW 50,000 per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings by 15% per annum from the next day to the day of full payment.

2. Judgment on the defendant's assertion of extinctive prescription

A. The summary of the argument is that the defendant's claim for the acquisition of the loan claim of this case was 5 years or more from the due date of the loan, and the period of commercial prescription has already expired.