(영문) 서울중앙지방법원 2015.03.25 2014가단5268991

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(영문) 서울중앙지방법원 2015.03.25 2014가단5268991

양수금

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1. The Defendants jointly and severally pay to the Plaintiff KRW 33,941,233 as well as KRW 20,667,778 among them, from September 23, 2014.

Reasons

1. According to the evidence evidence No. 1 to 6 of the judgment as to the cause for the claim, the Defendants are jointly and severally liable to pay to the Plaintiff delay damages calculated at the rate of 17% per annum from September 23, 2014, which is the day following the date of calculation of overdue interest to the day of full payment, with the agreed interest rate of 33,941,233 won (the overdue interest of 20,667,78 won) and the balance of the loan 20,667,78 won.

2. The defendants' defenses against the defendants are proved to have expired by the statute of limitations. Thus, according to the evidence No. 6, the defendant A, under the joint and several guarantee of defendant B on December 14, 2002, set the expiration date of the loan from the commercial credit cooperative, the transferor of the claim for the transfer money, as of December 14, 2003, and it is evident that the lawsuit of this case was filed five years after the expiration date of the loan period.

However, in full view of the contents of evidence No. 6 and the purport of the entire pleadings, prior to the lapse of the five-year statute of limitations on the above loan claims, the court below rendered a favorable judgment on December 23, 2004 against the Defendants on the above loan claims as the Jeju District Court Decision 2004Kadan17886 and rendered a favorable judgment on December 23, 2004. Thus, the statute of limitations on the above loan claims was interrupted.

In addition, Article 165(1) of the Civil Act provides that the period of extinctive prescription of a claim established by a judgment shall be ten years even if the claim constitutes a short-term extinctive prescription. Since the lawsuit in this case is clearly recorded in the record that the lawsuit in this case was brought on September 25, 2014 before the lapse of ten years from the time the above judgment became final and conclusive, the loan to the Defendants of the No.S. Credit Cooperatives (i.e., the Plaintiff’s claim for the transfer money against the Defendants) is ultimately valid

참조조문

-민법 제165조 제1항

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