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(영문) 서울남부지방법원 2015.10.16 2015가단21800
양수금
Text

1. The defendant shall pay to the plaintiff KRW 62,622,503 and KRW 17,140,513 among them, from February 23, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. B on February 9, 2002, with the Defendant’s joint and several surety, borrowed a loan of KRW 50 million at the interest rate of KRW 18% per annum, 24% per annum, and due date of payment on December 6, 2002 (hereinafter “instant loan”).

B. On April 7, 2010, the Songdong Community Credit Cooperatives: (a) transferred each of the instant loan principal and interest claims to the Plaintiff on April 18, 2014; and (b) on November 19, 2014, the Korea Community Credit Cooperatives Federation notified the Plaintiff of the said assignment of claims to B as the secondary transferor.

C. At the time of the Plaintiff’s acquisition, the principal of the instant loan is KRW 17,140,513, and interest and delay damages are KRW 45,481,90.

[Reasons for Recognition] Gap's evidence Nos. 3, Gap's evidence No. 4-2, and the purport of the whole pleading

2. Assertion and determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the principal and interest of the instant loan amounting to KRW 62,622,503 (=17,140,513 + 45,481,990) and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from February 23, 2015 following the delivery of the written complaint sought by the Plaintiff to the day of full payment to the day of full payment.

B. 1) The Defendant’s defense of extinctive prescription is proved to have expired the statute of limitations. 2) The fact that the repayment period of the instant loan claims is December 6, 2002 is as seen earlier, and it is evident that the Plaintiff’s lawsuit of this case was filed on November 20, 2014, which was ten years after the said lawsuit was filed.

However, in full view of the contents of Gap evidence No. 5 and the purport of the entire pleadings, Eul entered the claims for the loans of the Songdong Community Fund in the list of creditors on May 20, 2009 at the Gwangju District Court 2009Hadan2565, 2009, 2565, and 2565, and filed bankruptcy and application for immunity. The Songdong Community Fund was declared bankrupt through the above court, decision on the period of filing an objection, and creditor guidance.

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