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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 50,000,00 and the interest rate thereon from January 31, 2020 to the day of full payment.
Reasons
1. The grounds for the instant claim against the Defendants are as shown in the attached Form. In summary, the Plaintiff acquired the claim for loans to the Defendants (principal and joint guarantor: Defendant C and joint guarantor: due date for payment: March 21, 2013) of the Industrial Bank of Korea, and thus, sought the performance of the obligations for the collection of the amount.
2. Determination
A. Determination on Defendant B: Judgment by deemed confession (Article 208(3)2 of the Civil Procedure Act)
B. Defendant C’s claim 1) The Industrial Bank of Korea did not notify the Plaintiff of the transfer of the claim for the loan and the transfer of the claim for the loan to the Plaintiff of the said D Limited Company. Since the instant loan claims are claims arising out of the Industrial Bank of Korea’s commercial activities, the expiry prescription period is five years pursuant to the Commercial Act. The instant lawsuit was filed on October 18, 2019 with the lapse of five years from March 21, 2013, which was due date.
DaNN
As to the claim on the extinction of prescription, the Plaintiff was decided to commence an auction on December 13, 2013 on the real estate owned by E, a guarantor for the debt of the instant loan, and the Defendant B, a principal debtor, was notified of the commencement of the auction on May 22, 2014, and thus, Article 176 subparag. 176 of the Civil Act (Attachment, Provisional Attachment, Provisional Disposition, and Interruption of Prescription), provisional attachment and provisional disposition are invalid unless it is notified to the person who received the benefit of prescription.
(2) The statute of limitations has been interrupted by
DaNN
2) First, we examine the allegation of extinction of prescription.
If the decision to commence an auction has been served on the person with no interest in the auction procedure, the person with no interest has the effect of suspending the extinction of the secured claim in accordance with Article 176 of the Civil Code.
shall be deemed to have been notified of attachment under Article 176 of the Civil Act.