(영문) 서울중앙지방법원 2015.10.30 2015가단5109464

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(영문) 서울중앙지방법원 2015.10.30 2015가단5109464

양수금

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 17, 2002, Gangnam-gu Agricultural Cooperative, the primary facts of which was the agricultural cooperative, extended a loan of KRW 21.7 million at the interest rate of KRW 11.5% per annum, interest rate of delayed interest rate of KRW 16% per annum, and due date of April 17, 2005, and Defendant B and C jointly guaranteed the obligation to return the principal and interest.

(hereinafter referred to as “instant claim”). On June 28, 2013, the Plaintiff acquired the instant claim from the Gangwon Agricultural Cooperatives, and notified the Defendant A of June 23, 2014 upon delegation of the authority to notify the transfer.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The plaintiff asserted that the balance of the claim of this case is identical to that stated in the purport of the claim and sought payment from the defendants. The defendants asserted that the claim of this case was fully repaid or extinguished by prescription.

In this case, it is evident that the lawsuit of this case was filed on April 17, 2005 and April 22, 2015 after the lapse of ten years from April 17, 2005, the due date for payment of the claim of this case, and barring any special circumstance, the claim of this case was extinguished by prescription, barring any special circumstance.

On June 17, 2005, the plaintiff asserts to the effect that the above extinctive prescription has been suspended because part of the redemption on the claim of this case was made. The plaintiff's assertion is not acceptable, since there is no evidence to support the fact that the amount of KRW 21,481,00 for the claim of this case was depreciated on June 17, 2005, according to the order of submission of financial transaction information by the Gangwon-do Agricultural Cooperative for the submission of financial transaction information.

3. All of the plaintiff's claims are dismissed.

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