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(영문) 서울중앙지방법원 2015.02.11 2013가단5195881
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay KRW 51,628,897 and KRW 29,080,409 among them from December 30, 2013 to the date of full payment.

Reasons

1. Defendant A is the primary debtor, Defendant B and C are joint and several sureties, and they are liable to the financial institutions as listed in the following table, and the Plaintiff’s acquisition of the claims against the Defendants from the above financial institutions can be acknowledged by examining the overall purport of the pleadings in each of the statements in the evidence Nos. 1 through 5 (including the serial number).

6. Loans of general funds extended by B credit unions on June 21, 2013; 6,990, 3774,159, 598; 11,149, 975; 1,439, 735, 179, 732; 36.48; 36.10, 78; 36.10, 258; 36.48; 36.10, 258; 47; 36.48; 48; 36.4; 48; 36.4; 78; 48; 36.10, 257; 208; 48.25; 38.6.21, 2013.

2. Determination:

A. According to the above facts, the defendants are obligated to pay the principal and interest of loan to the plaintiff.

B. Although Defendant B’s defense that the above loan obligation has expired by prescription, if Defendant B’s credit union increase (hereinafter “credit union at that time”) filed a lawsuit against Defendant A and B claiming payment of the loan under the Jeju District Court Decision 2004Gaso29265, which is the obligee’s creditor, against Defendant B and B, and the above judgment was rendered a favorable judgment on July 6, 2004, it can be recognized that the above judgment became final and conclusive at that time. The Plaintiff’s lawsuit of this case was filed on December 30, 2003 before the lapse of 10 years from the date the above judgment became final and conclusive.

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