(영문) 서울중앙지방법원 2017.05.17 2017가단5035581

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.05.17 2017가단5035581

양수금

Text

1. The defendant shall be jointly and severally and severally with B to the date of full payment of KRW 28,026,156 and KRW 10,197,647 among them.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1 and 5 as to the cause of the claim, ① the U-Gun Agricultural Cooperatives loaned the principal amount of KRW 30 million to the principal debtor B on July 4, 2002, and the Defendant guaranteed the principal and interest of the loan at the time, setting the maximum amount of KRW 42 million; ② the U-Gun Agricultural Cooperatives transferred the said principal and interest of the loan to the Plaintiff on June 28, 2013; ② the Plaintiff, who was delegated with the power to notify the assignment of the said loan, notified the Plaintiff of the fact that the said transfer was made to the principal debtor B by way of content-certified mail on June 23, 2014; ③ the principal and interest of the loan amount of KRW 10,197,647,17,828,509,506, and KRW 1566,000 as of October 25, 2016.

Therefore, the Defendant is obligated to pay the Plaintiff the money stated in Paragraph (1) of the Disposition with the performance of the collateral obligation.

2. The defendant's assertion argues that the guarantee period of the above loan agreement was expired on July 4, 2007, and the defendant's claim for repayment must be made 15 years after the loan was made. Thus, the plaintiff's claim cannot be complied with.

However, according to the above evidence, the Busan-gun Agricultural Cooperative, the transferor, filed an application for a payment order with the Jinwon-gun District Court 2007Guj163, Jinwon-gun District Court 2007Da163, May 17, 2007, which held that "B and the defendant jointly and severally pay damages for delay to the Cheong-gun Agricultural Cooperative 32,133,637 won and 31,221,349 won among them" shall be acknowledged as they become final and conclusive.

Since it is apparent that the instant lawsuit was filed before 10 years elapse from the date on which the payment order became final and conclusive, the Defendant’s assertion is without merit without further review.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

유사 판례

-서울중앙지방법원 2017.05.17 2017가단5044363

-서울중앙지방법원 2018.02.07 2017가단34064

-서울남부지방법원 2017.02.03 2016가합110636

-서울중앙지방법원 2019.01.10 2018가합553453

-서울남부지방법원 2016.09.02 2016가합104037