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(영문) 서울서부지방법원 2016.03.04 2015가단235387
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 323,592,587 as well as KRW 86,080,00 among them, from May 15, 2015.

Reasons

On March 31, 1997, National Bank Co., Ltd. extended a discount of KRW 100,000,000 to Defendant A Co., Ltd., and Defendant B jointly and severally guaranteed this.

On November 4, 2004, the National Bank transferred the above loans to Solomon Mutual Savings Bank and notified the transfer, and on April 26, 201, the Solomon Mutual Savings Bank transferred this to the Plaintiff and notified the transfer.

On May 14, 2015, the principal balance is KRW 86,080,00, and accrued interest is KRW 237,512,587.

(Reasons for Recognition: Gap, Eul 2-1, Eul 2, Eul 3-1, Eul 2, and Eul 4's purport as a whole). The defendants asserted that the Korea Credit Guarantee Fund issuing a credit guarantee certificate at the time of the above loan made a substitute payment of KRW 70,00,000 out of the principal of the loan to a national bank, but the above assertion is without merit, as there is no evidence to acknowledge it.

The Defendants also asserted that the Plaintiff’s claim had expired by prescription. However, according to Gap’s statement, on June 23, 2005, Solomon Mutual Savings Bank 2005da35989, the judgment ordering the above Defendants to pay the above loans (such as principal amount of KRW 86,080,000 and interest amount of KRW 65,688,375) was affirmed on July 27, 2005, and the above judgment became final and conclusive on July 27, 2005. Since it is apparent that the lawsuit in this case was filed before the lapse of 10 years from the statute of limitations, the above assertion is without merit.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 323,592,587 won (237,512,587 won) and delay damages for the principal.

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