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(영문) 서울중앙지방법원 2020.06.16 2020가단5059990
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50 million and 13% per annum from January 9, 2020 to the date of full payment.

Reasons

1. Comprehensively taking account of the respective entries and arguments in subparagraphs A through 3, the facts in the separate sheet can be acknowledged. Thus, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the principal of KRW 500 million out of the remaining principal and interest of loan, and damages for delay calculated at the rate of 13% per annum from January 9, 2019 to the date of full payment.

2. As to this, the Defendants asserted that the above loan claims have expired by prescription, but it is difficult to accept for the following reasons.

The assertion that the statute of limitations has expired on or around August 30, 201, when five years from August 30, 2006, the date of loan: The statute of limitations has run from July 30, 2007, which is the due date for payment; thus, this part of the claim prior to a different premise ( even if the repayment period is based on the starting date of the statute of limitations, it is recognized that Defendant C Co., Ltd (hereinafter referred to as “Defendant C”) approved the above obligation on April 27, 2012, which is the primary debtor, before five (five (five (five (five (five) years) years from the initial date of the statute of limitations). Since the interruption of prescription against the primary debtor becomes effective against the guarantor (Article 440 of the Civil Act), it is reasonable to deem that the lawsuit by the Plaintiff had been suspended on or before the expiration of the statute of limitations period from the date of disposal of the real estate owned by the Defendant C, the claim by the Defendants against the Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”).

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