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(영문) 서울중앙지방법원 2018.06.04 2017가단5171371
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 312,05,501 as well as KRW 102,00,000,000.

Reasons

On June 10, 2003, A Forestry Mutual Savings Bank borrowed KRW 1,100,00,000 at an overdue interest rate of 20% on June 10, 2003 (hereinafter “instant loan”). Defendant Macheon Development Co., Ltd. (hereinafter “Defendant Macheon Development”) set the guarantee ceiling of KRW 1,30,000,00 and jointly and severally guaranteed the above loan obligations; the said savings bank was declared bankrupt; on August 14, 2013, the trustee in bankruptcy transferred the instant loan obligations to the Plaintiff and notified the Plaintiff of the principal amount of the loan; as of July 31, 2015, the principal amount of the instant loan was either KRW 1,013,245,374, 200,000 and KRW 1,300,000,000 and KRW 1,300,000,000 and KRW 501,05,005,00.

According to the above facts, the Defendants jointly and severally pay to the Plaintiff KRW 312,05,501 (i.e., the above attempted interest of KRW 102,00,000,000, and KRW 210,05,501) and the principal of KRW 102,00,000,000, calculated at the rate of 20% per annum, which is the agreed interest rate, from August 1, 2015 to the date of full payment, shall be paid to the Plaintiff, and Defendant friendly Development is obligated to pay to the Plaintiff within the limit of KRW 1,30,00,00,00, which is the maximum amount

The Defendants asserted that the obligation of the instant loans has expired due to the expiration of the extinctive prescription period. Accordingly, according to the evidence adopted earlier, the Alim Mutual Savings Bank (Seoul Central District Court 2005Kadan140003) filed a lawsuit seeking the payment of the instant loans against the Defendants (Seoul Central District Court 2005Kadan14003) and received a final and conclusive judgment on August 19, 2005. Therefore, the said judgment became final and conclusive on August 19, 2005, the statute of limitations for the instant loans was newly run from the above point of time, and ten years have passed since

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