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(영문) 수원지방법원성남지원 2016.06.01 2016가단205396
양수금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 81,178,358 and KRW 30,000,000 among them shall be the Defendant from October 16, 2015.

Reasons

Pursuant to the above facts, the Yangyang Agricultural Cooperative: (a) lent KRW 30,00,00 to Defendant A on February 3, 2004; (b) determined the due date of repayment on February 3, 2007; (c) the interest rate of delay damages on the loans of Defendant A on August 8, 200; (d) the joint and several surety of Defendant A’s obligations on the loans; (b) Yang Sejong Agricultural Cooperative transferred the above loans to the Plaintiff on February 9, 2011; and (c) notified the Defendants thereof on October 15, 2015; and (d) determined that the principal and interest of the above loans as of October 15, 2015 were 81,178,358, and 30,000,000 among them, the Defendants jointly and severally liable to pay the Plaintiff the respective amount of delay damages from October 16, 2015 to April 18, 2016 to the delivery of a copy of the complaint of this case.

As to this, the Defendants asserted that the lawsuit of this case was filed five years after the expiration of the extinctive prescription period under the Commercial Act from February 3, 2007, which is the repayment period of the above loan obligation, and that the above loan obligation has expired, and therefore, it is clear that the lawsuit of this case was filed on October 19, 2015, which is five years after the expiration of the period from February 3, 2007, which is the repayment period of the above loan obligation. However, in full view of the arguments in the evidence Nos. 5 and evidence Nos. 6, the two agricultural cooperatives filed a payment order against the Defendants for the payment order against the Defendant to claim payment of the above loan obligation under the Suwon District Court Yang-gun District Court 2007Hu236, Apr. 20, 2007, which is the payment period of the above loan obligation, and the above payment order becomes final and conclusive. Accordingly, the Defendants’ assertion is without merit.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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