logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.09.14 2016가단217126
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,33,33 and the annual interest rate of KRW 15% from July 6, 2017 to the day of full payment.

Reasons

1. The non-party B (the deceased) who is the defendant's predecessor of the basic facts jointly and severally guaranteed C's obligation in obtaining a loan of KRW 300 million from a financial institution. The non-party Korea Mutual Savings Bank, Inc., a joint and several surety, filed a lawsuit of a loan claim against C and the deceased, a primary debtor, and received a partial winning judgment as to the damages for delay from March 4, 1999.

(A) In the Supreme Court Decision 2004Da22926 Decided July 9, 2004, the judgment of the court below becomes final and conclusive after the dismissal of the appeal against the deceased was sentenced to the judgment of the court below. After that, the above claims against the deceased were assigned in sequence to the Plaintiff and notified of transfer, and the amount of debt reaches KRW 1,438,80 as of August 1, 2016, the sum of the principal amount of KRW 1,728,748,66,666 as of August 1, 2016.

On July 2010, the deceased died, and the defendant inherited 1/3 shares as the deceased's child.

[Grounds for recognition] Evidence Nos. 1 through 11, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant, the heir of the deceased, is obligated to pay 33,33,333 won as requested by the plaintiff and damages for delay calculated at the rate of 15% per annum from the day after the delivery of a copy of the complaint to the day of complete payment.

(A) The Defendant filed an application for resumption of argument after the closing of argument in this case, but the judgment on the deceased became final and conclusive, and the res judicata effect of the final and conclusive judgment extends to the Defendant, who is a general successor, as the heir of the deceased. Therefore, the Defendant cannot dispute the validity of the final and conclusive judgment according

In regard to this, the defendant defenses that the deceased's obligation became extinct due to the completion of commercial extinctive prescription, and thus, the extinctive prescription period of the claim according to the final and conclusive judgment of July 9, 2004 (Evidence No. 10 of the Supreme Court Decision), which became final and conclusive on July 9, 2004, is ten years, but the plaintiff supports the deceased in the Daegu District Court Branch on August 2007.

arrow