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(영문) 서울중앙지방법원 2014.10.23 2013가단179549
대여금 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from June 26, 2013 to KRW 348,218,246 and KRW 126,290,240 among them.

Reasons

Comprehensively taking account of the overall purport of arguments as to evidence Nos. 1-1 through 2-5, 3, and 4 of evidence Nos. 1-2, the Plaintiff loaned to Defendant A Co., Ltd. on February 17, 2006 the loans of KRW 50,000,00 to general operating capital loans for the subject of loans, and on April 17, 2008, the repayment date (hereinafter “No. 1 loans”). On December 29, 2006, the Plaintiff lent the loans of KRW 1 billion for general operating capital for the subject of loans, KRW 30,000,000,000,00 KRW 70,50,000,000 KRW 30,000,000, KRW 701,50,000,0000, KRW 2630,706,50,000,0000, KRW 29,507,2816,294,067.

The Defendant asserts that KRW 227,039,319 of the interest accrued prior to the incorporation of the above bonds has expired three years. Accordingly, at the time of loan 1, the Plaintiff concluded a mortgage contract with the Defendant Company A as to 101, 702, and completed the establishment of the mortgage, and received dividends on December 11, 2009, on July 9, 2008, on the ground that the voluntary auction procedure based on the above collateral security was commenced and was distributed on December 11, 2009, the extinctive prescription is in progress from December 12, 2009, and the said interest claim prior to the incorporation is in nature delay, and thus, the five-year extinctive prescription is applicable.

It is apparent that the instant lawsuit was filed on July 3, 2013, and it was filed after the lapse of three years from December 12, 2009, as alleged by the Plaintiff.

It is not sufficient to recognize the interest claim prior to the foregoing transfer as damages for delay only with the descriptions of the health unit, Gap 6, 7, and other evidence to acknowledge it otherwise.

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