logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.02.03 2016가단5018480
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On March 16, 1998, the Commercial Bank Co., Ltd. (hereinafter “Commercial Bank”) concluded a loan transaction agreement with the network B and lent money (hereinafter “instant loan”). On the same day, the Defendant jointly and severally guaranteed the obligation of the instant loan.

B. A commercial bank transferred the instant loan claim to the Korea Asset Management Corporation. On August 28, 2012, the Plaintiff acquired the instant loan claim on September 18, 2012 by concluding an asset transfer agreement with the Korea Asset Management Corporation, and took the procedure of notifying the assignment of claim upon delegation from the Korea Asset Management Corporation.

C. As of November 7, 2015, the instant loan claims amounting to KRW 41,460,154, overdue interest amounting to KRW 184,407,772, and legal expenses at the time of purchase, KRW 2,246,87, and the overdue interest rate determined by the Plaintiff is KRW 17% per annum.

Therefore, the Defendant, a joint and several surety for the instant loan, is obligated to pay the Plaintiff the principal amounting to KRW 228,114,813 (= Principal KRW 41,460,154 + overdue interest + KRW 184,407,772 + at the time of purchase + KRW 2,246,887 at the time of purchase) and the principal amounting to KRW 41,460,154 from November 8, 2015.

2. Determination:

A. We examine the following facts: (a) there is no dispute between the parties that the Defendant jointly and severally guaranteed the obligation of the instant loan; (b) there is no evidence to acknowledge that the Plaintiff acquired the obligation of the instant loan; and (c) there is no evidence to acknowledge that the Korea Asset Management Corporation or the Plaintiff notified the net B or the Defendant of the fact that the Plaintiff acquired the obligation of the instant loan; and (d) the Plaintiff’s claim of the instant case is without merit without examining

B. Even if the plaintiff's assertion is true, the claim of the loan of this case is a commercial bond of a commercial bank, which is a merchant, and its extinctive prescription is five years in accordance with the main sentence of Article 64 of the Commercial Act. The plaintiff's claim of this case.

arrow