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(영문) 서울중앙지방법원 2016.01.21 2015가단5167378
대여금
Text

1. The defendant shall pay to the plaintiff KRW 2,848,956,247 and KRW 207,327,946 among them, from October 29, 2010 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 17, 2004, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) concluded a credit transaction agreement with B on May 17, 2004, setting the credit limit amount of KRW 2,075,000,000, May 17, 2005, interest rate of KRW 13% per annum, and delayed interest rate of KRW 25% per annum and lent the said money.

B. The defendant guaranteed the debt B on the same day.

C. On May 20, 2013, the Promotion Savings Bank was declared bankrupt by the Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

The remaining principal and interest of interest as of October 28, 201 is 2,848,956,247 won including the principal and interest in arrears of 2,641,628,301 won.

[Ground of recognition] Unsatisfy, entry of Gap 1 to 3, 5 evidence, purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the Plaintiff’s cause of claim, the Defendant is obligated to pay to the Plaintiff a total of KRW 2,848,956,247 of the remaining principal and interest of KRW 207,327,946 of the remaining principal and interest of KRW 207,327,946 of the total principal and interest of KRW 25% of the agreed delay interest rate from October 29, 2010 to the date of full payment.

B. As to the Defendant’s assertion, the Plaintiff filed the instant lawsuit with the lapse of five years from May 18, 2005, the day following the expiry date of the extension period, and accordingly, the Plaintiff’s claim was extinguished by prescription. However, the Defendant re-appealed that: (a) the Defendant applied for an auction of real estate B, which is the primary debtor, applied for the interruption of prescription; and (b) the instant lawsuit was instituted within five years from February 18, 2010, which began to proceed again due to the termination of the said auction procedure.

According to each description of evidence No. 4-1, No. 2, and No. 5-1 through No. 3, the plaintiff applied for the auction of real estate rent to Seoul Western District Court C with respect to real estate owned by the principal debtor B before the completion of the five-year prescription, the auction is subject to the auction around February 2010.

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