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1. The defendant shall pay to the plaintiff 122,534,997 won and 35,090,895 won among them, from April 9, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Light Bank Co., Ltd. lent KRW 60,000,000 to the Defendant on February 24, 1999
(hereinafter “instant claim”)
B. The instant claim was transferred in succession from Korea Light Bank to DBBE specialized in DBE Gabacheon-day Asset-backed Securitization, social company and Solomon Mutual Savings Bank, and the Plaintiff was finally assigned by Solomon Mutual Savings Bank.
C. As of April 8, 2015, the instant claim remains in KRW 122,534,997, which is the sum of the principal amount of KRW 35,090,895, overdue interest of KRW 87,44,102.
[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap 1 to 6 evidence (including paper numbers), the purport of the whole pleadings
2. Determination
A. In the absence of special circumstances, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 17% per annum from April 9, 2014 to the date of full payment with respect to the remaining principal and interest of KRW 122,534,97 as well as the remaining principal and interest of KRW 35,090,895.
B. The Defendant’s assertion as to the instant claim is asserting that, as security for the instant claim, the Defendant offered “Seoul Gangdong-gu Seoul 2nd floor price No. 6 and 7,” which was owned by the Defendant’s representative director B, and, after receiving dividends on December 14, 2001 at the auction procedure for the instant real estate, the Plaintiff of the instant claim did not claim the instant claim against the Defendant, and thus, the instant claim expired by prescription.
According to the statement and the purport of Gap evidence Nos. 6 and the oral argument, it can be acknowledged that the social company, which received the claim of this case, was sentenced to a judgment against the plaintiff on May 10, 2005, seeking the payment of the claim of this case as Seoul Central District Court 2005Kadan1368.
However, even if a claim established by a judgment falls under the short-term extinctive prescription, the period of extinctive prescription is ten years.