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(영문) 광주지방법원 2016.01.27 2015가단528555
양수금
Text

1. As to KRW 76,471,825 and KRW 23,204,413 among the Plaintiff, the Defendant shall start from October 26, 2015 to October 28, 2015.

Reasons

The National Agricultural Cooperative Federation (hereinafter referred to as the "Agricultural Cooperative Federation") made a loan to B on June 22, 199 with the repayment date fixed on June 22, 2003; the interest rate of 17.6% per annum; the Defendant jointly and severally guaranteed the above loan obligations to the Agricultural Cooperative Federation; the Agricultural Cooperative Federation transferred the above loan obligations to B on March 31, 2010 to the Plaintiff; notified the Plaintiff of the transfer of the above loan obligations to B; and notified the Plaintiff thereof at that time; the unpaid principal of the loan obligations as of October 25, 2015 is 23,204,413 won; and the interest and delay damages are 53,267,412. There is no dispute between the parties.

According to the above facts, as a joint and several surety for the above loan obligation, the Defendant is obligated to pay to the Plaintiff delay damages from October 26, 2015, for the loan principal and interest, totaling KRW 76,471,825 (=23,204,413, KRW 53,267,412) and the principal of the loan (23,204,413, and KRW 23,204,413, which is the following day, to the Plaintiff as a joint and several surety for the loan obligation, except in extenuating circumstances.

Since the defendant's joint and several liability claim for the above loan has expired by the prescription, it is clear that the above loan claim was due on June 22, 2003 as seen above. The plaintiff's lawsuit of this case was filed on October 27, 2015, which was ten years after the expiration of the statute of limitations. However, according to the evidence evidence evidence No. 7, the defendant's defense can be acknowledged that the National Agricultural Cooperatives Federation filed a lawsuit against the principal debtor B, who is the above loan principal debtor, against the above loan principal debtor around March 23, 2005, prior to the expiration of the statute of limitations period, and it became final and conclusive around that time after receiving a favorable judgment in favor of the defendant on March 23, 2006. Accordingly, the statute of limitations for the above loan claim against the principal debtor B of the National Agricultural Cooperatives Federation was suspended, and this is also effective to the defendant who is the joint and several liability debtor under Article 440 of the Civil Act.

Therefore, the defendant's above KRW 76,471,825 and KRW 23,204,413 among the above KRW 76,471,825 are the date on which the original copy of the instant payment order was served from October 26, 2015.

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