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(영문) 서울중앙지방법원 2017.09.26 2017나37651
양수금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

Reasons

1. In full view of the purport of the arguments in Gap's evidence Nos. 1 to 5 of the judgment as to the cause of the claim, Gangnam-gu Agricultural Cooperative shall grant a loan of KRW 12.5% per annum, interest rate of KRW 18% per annum, interest rate of November 6, 200, interest rate of KRW 18% per annum, and interest rate of November 6, 200 (hereinafter "first loan"), interest and interest rate of KRW 30,00,000 on November 30, 200, KRW 30,000 and interest rate of KRW 30,000 as above, KRW 30,00 and KRW 70, KRW 307, KRW 479, May 30, 2003, KRW 70, KRW 706, KRW 97, KRW 407, KRW 967, May 16, 2016, and the defendant's assertion that the loan did not exist.

According to the above facts of recognition, the defendant is obligated to pay the balance of the first and second loans and damages for delay to the plaintiff who is the transferee, unless there are special circumstances.

2. The defendant's defense of extinctive prescription is proved to have expired all the claims of the first and second loans. As such, the fact that the repayment period of the first loans was November 6, 2003 is the same as mentioned above. Since it is apparent that the plaintiff's lawsuit of this case was filed on April 21, 2016, which was ten years after the lawsuit of this case was filed, the first loans was already extinguished by extinctive prescription before the lawsuit of this case was filed.

As such, the defendant's above defense is reasonable.

On November 27, 2002, prior to the expiration of the extinctive prescription period, the Plaintiff’s provisional attachment against D forest land 6,248 square meters owned by the Defendant was suspended.

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