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(영문) 서울중앙지방법원 2016.03.11 2015나34450
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The party's assertion

A. The Plaintiff’s assertion 1) B obtained a loan of KRW 10 million from Sam-Hy Credit Union on September 27, 1993 (hereinafter “instant loan claim”).

(2) On June 21, 2013, the Defendant jointly and severally guaranteed the instant loan claim. (3) On October 2, 2014, the Plaintiff acquired the instant loan claim from the Sam-Profit Credit Union, and on October 2, 2014, the remainder of the instant loan claim as of October 2, 2014 is KRW 6,258,812, and the amount of interest that was attempted (from May 31, 2013 to October 1, 2014) is KRW 21,909,251, and the interest rate that the Plaintiff currently applies is KRW 17% per annum.

3) Therefore, the Defendant, a joint and several surety of the instant loan claim, jointly and severally with B, is obligated to pay the Plaintiff, a transferee of the instant loan claim, a total of KRW 28,168,063 (i.e., principal amount of KRW 21,909,251, and KRW 6,258,812) as well as damages for delay calculated at the rate of 17% per annum that the Plaintiff seeks from the base date of the principal and interest ( October 2, 2014) to the date of full payment to the date of full payment. (ii) The Defendant did not have jointly and severally guaranteed the instant loan claim.

2 The extinctive prescription of the instant loans and the joint and several surety claims against the Defendant has already been completed.

2. Determination:

A. In full view of the statements and the purport of the entire pleadings by Gap evidence Nos. 1 through 8, the fact that the plaintiff acquired the loan claim of this case against Eul and the amount of the loan claim of this case present can be acknowledged as identical to the plaintiff's assertion.

B. The defendant alleged that there was no joint and several sureties, but the fact of joint and several sureties by the defendant can be sufficiently recognized in light of the entries in the evidence No. 8-1 and No. 2 and the overall purport of the pleadings.

Therefore, unless there are special circumstances, the defendant is jointly and severally with the plaintiff 1. A.

3 There is a duty to pay the stated money.

C. However, the claim of this case and the claim of joint and several sureties against the defendant are subject to five years of the extinctive prescription for commercial claims arising from commercial activities. The plaintiff asserts extinctive prescription.

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