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(영문) 서울남부지방법원 2019.07.12 2019가합102933
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 201,90,000 and the interest rate of KRW 6.31% per annum from January 25, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On May 30, 2008, the Defendant borrowed KRW 201,900,000 from C’s organization as a loan subject on May 30, 2008, with the repayment date fixed on October 10, 200 as the repayment date.

(hereinafter “instant loan”). (b)

C Organization filed an application for a loan payment order with the Changwon District Court 2009Da5666 on November 25, 2009 and on November 26, 2009, “The Defendant shall pay to C Organization KRW 215,436,047 (= Principal KRW 201,90,000,000 and interest KRW 13,536,047 until November 23, 2009) and the amount of KRW 201,90,000 from November 24, 2009 until the delivery date of the authentic copy of the payment order; and damages for delay by 20% per annum from the next day until the day of full payment” was issued and the payment order was finalized on March 12, 2010.

C. On December 23, 2010, the C organization transferred the instant loan claims with D Co., Ltd., and the remaining amount after depreciation became the principal KRW 202,332,130 and the accrued interest KRW 46,227,252.

D Co., Ltd. transferred the instant loan claim to the Plaintiff on June 24, 2014, and notified the Defendant of the said transfer around that time.

E. As of January 24, 2019, the instant loans amounting to KRW 481,261,840 in total, including the principal amount of KRW 202,332,130, and attempted interest amount of KRW 278,929,710.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the first loan amount of KRW 201,90,000 and damages for delay at the rate of KRW 6.31% per annum, which is the day following the base date, from January 25, 2019 to the day of full payment, to the Plaintiff, the transferee of the instant loan claim.

B. The Defendant’s defense of extinctive prescription is based on the defense that the extinctive prescription of the instant loan claim has expired on December 23, 2015. (2) The period of extinctive prescription is based on the commercial claim under the main sentence of Article 64 of the Commercial Act.

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