logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.08.09 2017가단202030
양수금
Text

1. The defendant shall pay 30 million won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. According to the overall purport of Gap evidence No. 1 and No. 4 as to the cause of the claim, according to the purport of Gap evidence No. 1 to 4, the reduced Saemaul Fund loaned to B on December 26, 2000 the repayment date of December 26, 2002; 12.5% per annum; and 20 million won per annum; and the compensation rate for delay was 22% per annum; the defendant guaranteed the above loan obligations of the above B on the same day; (2) although the repayment date expired, Eul failed to pay the principal and interest of the loan; and (3) as of January 23, 2007 as of January 23, 2007, the final transaction date, the repayment date was reduced to KRW 39,304,100,000 per annum; and (3) the repayment of the principal and interest of the Saemaul Fund and the Korea Saemaul Savings Depository transferred the same to the defendant by mail; and (4) the plaintiff transferred the same to the Korea Saemaul Savings Depository on March 18, 2001, respectively.

According to the above facts, barring any special circumstance, the Defendant is jointly and severally liable with B to pay the principal and interest of loan to the Plaintiff, the transferee of the principal and interest of this case, within the limit of KRW 30 million, which is the guarantee limit.

2. The defendant's assertion and judgment asserted that the principal and interest debt of this case were extinguished by ten-year prescription period from the due date.

In this case, it is evident that the Plaintiff applied for the instant payment order on October 19, 2016, which is apparent that the repayment period of the principal and interest of the loan of this case was December 24, 2004, and that the Plaintiff had passed ten years from this, and that the Plaintiff applied for the instant payment order on October 19, 2016.

However, according to the statement in Gap evidence No. 5, the Seocho Saemaul Fund shall order the defendant and Eul to pay the principal and interest of this case as the court of the Jeonju District Court 2004Da825 against the defendant and Eul.

arrow