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(영문) 수원지방법원 2017.07.06 2016가합81006
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) Defendant A entered into a loan agreement with the National Bank of Korea on February 29, 200 with the credit limit of KRW 50,000,000, and the loan agreement on February 28, 2001 with the expiration date of the credit period; the loan agreement on November 2, 2001 with the credit limit of KRW 400,000,000; the expiration date of the credit period; the loan agreement on October 30, 2002; the loan agreement on July 16, 2002 with the credit limit of KRW 30,000,000; and the loan agreement on July 16, 2003 with each of the above loans owed by Defendant A to the Plaintiff on July 16, 200; each of the above loans owed by the Defendants to Hyundai Mutual Savings Bank of Korea was notified to the Plaintiff on July 16, 2002.

3) As of May 8, 2016, the Plaintiff has each claim of KRW 1,426,705,634 against Defendant A (i.e., principal amount of KRW 360,718,567, KRW 1,064, KRW 932,447), KRW 1,057, KRW 178,859 against Defendant B (i.e., principal amount of KRW 300,000, KRW 706,124,239, KRW 1,054, KRW 620). The Plaintiff has no dispute over the grounds for recognition, and the purport of the entire pleadings of each entry, including the serial number, and the purport of all pleadings.

B. According to the above facts of recognition, Defendant A is obligated to pay to the Plaintiff damages for delay of KRW 1,426,705,634 and KRW 360,718,567 among them, and Defendant B is jointly and severally liable with Defendant A to pay damages for delay of KRW 1,007,178,859 and KRW 300,000 among them, unless there are special circumstances.

2. Determination as to the defendants' defense

A. The Defendants defense that each of the above loans claim expired by prescription. As seen above, each of the above loans contract concluded with Defendant A, a merchant, constitutes commercial activity.

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