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(영문) 서울중앙지방법원 2018.08.16 2018가단5061501
양수금
Text

1. The defendant shall pay to the plaintiff KRW 492,505,701 as well as KRW 100,000 among them, from February 7, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The Securities Savings Bank (hereinafter “Stock Savings Bank”) concluded a credit transaction agreement with the Defendant by setting the credit limit of KRW 100 million per annum, interest rate of KRW 17 percent per annum, interest rate of 21% per annum, and transaction period of December 31, 1997, with the Defendant setting a credit transaction agreement with the Defendant as of March 1, 2002 to Dae-dong Mutual Savings Bank Co., Ltd. as of October 29, 2007, and with the Defendant’s face value of KRW 100 million per annum.

(hereinafter “instant loan claim”). B.

On December 31, 2013, the Korea Asset Savings Bank transferred the instant loan claims to the Plaintiff. On June 22, 2018, the Plaintiff received the notification of transfer from the Korea Asset Savings Bank, and notified the Defendant of the transfer on June 22, 2018 during which the instant lawsuit was pending.

C. The amount of the instant loan claims is KRW 492,50,000 as of February 6, 2018, including loans of KRW 100,00,00 and overdue interest of KRW 392,505,701, and the interest rate of delay damages is KRW 19.5% per annum.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence Nos. 3 through 6, and purport of the whole pleadings

2. Determination:

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 19.5% per annum from February 7, 2018, which is the date following the above basic date to the date of full payment, for the total amount of KRW 492,501,701, and for the principal of KRW 100,000,000, among the principal, the remainder of the loan claim of this case.

B. As to this, the Defendant’s defense that the instant loan claim became extinct after the lapse of 5 years of extinctive prescription for commercial claims.

The fact that 5 years have elapsed from December 31, 1997, the maturity date of the loan claim of this case, is clear, but according to each of Gap evidence 1, 2, Gap evidence 7-1, 2, and Gap evidence 8-1, 2, and 3, 1, 2, and 3 against the defendant and joint guarantor B.

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