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(영문) 서울중앙지방법원 2016.02.05 2015가단5144757
양수금
Text

1. As to KRW 105,203,624 and KRW 38,519,852 among the Plaintiff, Defendant A shall be the year from May 8, 2015 to the day of full payment.

Reasons

1. On the basis of the facts, Defendant A received a loan as described below in the following list, and Defendant B guaranteed a joint and several guarantee for the loan from the Seocho Saemaul Bank on April 17, 2002.

On November 26, 2001, 203. 36, 594, 951, 54, 351, 346 90,946, 297, and 12,32, 426, 1426, 327, and 327, and 12,32, 426, 426, 327, and 427, respectively, were transferred to the Plaintiff on Nov. 26, 2004:

The remaining principal and interest of loans as of May 8, 2015 are the same as the list of loan claims, and the rate of delay damages determined by the Plaintiff is 17% per annum.

[Grounds for Recognition: Entry in Evidence Nos. 1 to 5, and the purport of the whole pleadings]

2. According to the above facts of the judgment on the grounds of the claim, the defendants are obligated to pay the amount stated in the purport of the claim to the plaintiff, except in extenuating circumstances.

3. Determination as to the defendants' defense of extinctive prescription

A. As to the period of extinctive prescription, each of the above loans is claims of each community credit cooperative, and it is difficult to view that the community credit cooperative's lending of funds to its members for profit-making purposes generally (see Supreme Court Decision 98Da10793, Jul. 10, 1998). No other evidence exists to acknowledge that each of the above loans constitutes commercial activities. Thus, the extinctive prescription period of each of the above loans is not five years, which is the prescription period of commercial claims claimed by the Defendants, but not ten years, which is the prescription period of general public-private claims.

B. (1) The facts that the initial repayment period of the above loan loan was November 26, 2003 with respect to individual bonds are as shown in the part of the basic facts. However, according to the evidence of evidence No. 6, the above loan loan on December 24, 2004.

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