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(영문) 서울서부지방법원 2014.12.16 2014가단227549
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendants’ loan obligations accrue

A. On November 21, 2001, Defendant A Co., Ltd. (hereinafter “Defendant A Co., Ltd”) entered into a credit transaction agreement with the Korea Exchange Bank to obtain a loan of 300,000,000 won for informatization promotion fund (hereinafter “instant loan agreement,” and “this case’s loan claim”) and Defendant B jointly and severally guaranteed the instant loan obligations by setting the guarantee limit as the collateral guarantee amount.

After that, the defendant company lost the benefit of time due to the failure to repay the loan.

The balance of the instant loan obligation is KRW 36,616,49, totaling KRW 27,608,244, and KRW 6,625,626, and KRW 18% per annum from December 31, 2013 to June 23, 2014, calculated at the rate of 18% per annum.

[Grounds for Recognition: Evidence No. 1, Evidence No. 3, Evidence No. 5, and the purport of the whole pleadings]

B. According to the above facts of determination, the Defendants jointly and severally pay to the Korea Exchange Bank or its lawful bond assignee 36,616,49 won in total with the principal and interest of the instant loan and damages for delay calculated at the rate of 18% per annum from June 25, 2014 to the date of full payment, and Defendant B, a joint and several surety, bears the obligation to pay the said debt within the limit of KRW 60,000,000,000 in total with the principal and interest of the instant loan from June 25, 2014.

2. The defendants' defense of prescription

A. The due date stipulated in the loan agreement of this case is September 15, 2006.

The interest accrued prior to the date of December 31, 2003 was repaid, but the interest accrued thereafter was in arrears, and the interest accrued thereafter was collected in the order of KRW 3,214,746, and the interest accrued prior to the date of May 28, 2004, and KRW 17,391,756, and the principal amount was collected in the order of KRW 27,608,244.

The Korea Exchange Bank shall, on June 17, 2004, liquidate the bad debt of 27,608,244 won in the balance of the loan claim of this case and make the securitization of non-performing loans.

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