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(영문) 대전지방법원 2018.11.06 2018가단208779
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 90 million won and 15% per annum from January 17, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 20, 2007, the National Agricultural Cooperative Federation and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a loan transaction agreement with 300 million won of loans, 4 October 2007 from the date of expiration of the loan, and 15% of the interest on delay, on October 4, 2008, and Defendant C and B guaranteed the above loan obligations with the limit of 360 million won.

B. In order to secure the above loan obligation on September 21, 2007, the National Agricultural Cooperative Federation received from the Defendant Company the registration of the establishment of a neighboring mortgage amounting to KRW 360 million with respect to 12 real estate including the area of 770 square meters away from the Gyeongnam-gun, Do.

C. On December 30, 2010, the Plaintiff acquired the above loans from the National Agricultural Cooperative Federation, and received the above collateral security transfer registration on March 2, 2011.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 99 million out of the above loans that the Plaintiff seeks and the damages for delay calculated by the rate of 15% per annum of the interest on delay from January 17, 2018 to the date of full payment.

B. Defendant B’s defense asserts that the five-year extinctive prescription of the instant loan obligation has expired.

However, the above loan obligation was interrupted from June 16, 201, upon the Plaintiff’s application based on the above right to collateral security, until January 23, 2013, where the registration of the entry in the decision on voluntary commencement of auction was completed with respect to the real estate owned by the Defendant Company, which is the principal debtor, from June 16, 201 to January 23, 2013, and on January 22, 2018, which was five years after the date when the above distribution schedule became final and conclusive, the fact that the Plaintiff applied for the payment order of this case was obvious in the record or comprehensively

3. Conclusion against the Defendants.

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