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(영문) 인천지방법원부천지원 2015.01.13 2014가단28765
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 30,000,000.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. On October 13, 2005, the Non-party Ap Savings Bank Co., Ltd. (hereinafter “Non-party Ap Savings Bank”) determined and lent KRW 430,00,000 annually to C, interest rate of KRW 11% per annum, interest rate of KRW 25% per annum, and due date of payment October 13, 2008. The Defendants jointly and severally guaranteed the Plaintiff’s above loan obligation amount of KRW 559,000,000.

B. C applied for a voluntary auction on July 20, 200, and KRW 390,000,000 on October 6, 2010 for an auction on the real estate held by the Defendant Company, which was offered as security by the Nonparty Bank, to repay the above loan obligation. The above loan obligation remains in KRW 125,139,299 as of May 31, 2013.

C. On June 21, 2013, the non-party bank transferred the above claims against C and the Defendants to the Plaintiff, and completed the notification of the transfer to C and the Defendants around July 30, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants, a joint and several surety, are jointly and severally liable to pay KRW 30,000,000,000 to the Plaintiff out of the above obligation to the Plaintiff, unless there are special circumstances.

3. Defendant A’s defense is a defense that the above claim expired by the extinctive prescription period. As seen earlier, the facts that the maturity period of the above loan claim was October 13, 2008 are as follows. The Plaintiff’s lawsuit of this case was filed on April 3, 2014, which was five years after the lapse of the commercial prescription period from the lawsuit of this case. However, in full view of the overall purport of the arguments in the evidence Nos. 4 and 5, the non-party company received a decision to commence a voluntary auction of the secured real estate owned by Defendant B, a joint and several surety and a surety, and the decision to commence the auction was served on March 7, 2008, and the Plaintiff received dividends of KRW 390,000,000 from the above voluntary auction procedure.

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