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(영문) 서울중앙지방법원 2016.11.30 2016가단5048214
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 117,862,174 as well as KRW 44,474,454 as of November 1, 2006 through March 1, 2007.

Reasons

1. Determination as to the cause of claim

A. According to the evidence evidence Nos. 1 through 8, the Chungcheong Bank Co., Ltd. (hereinafter referred to as the “Cheongju Bank”) lent 270,000,000 won to Defendant Limited Partnership Co., Ltd. (hereinafter referred to as the “Defendant A”) on January 23, 1996 (hereinafter referred to as the “instant loans”), Defendant B, and C jointly and severally guaranteed all the obligations related to the present and future loans to the Chungcheong Bank at the rate of 390,00,000,000, the guarantee limit of the same day was 390,000,000, and the instant loans are 30,000,000,000 and 40,000,000,000 won and 30,000,000 won and 47,000,000 won and 4,07,07,000 won and 34,07,000,000 won and 4,07,06,07,0.

B. Thus, the defendants jointly and severally shall pay 117,862,174 won among the principal and interest of the above judgment and 44,474,454 won among them to the plaintiff, 18% per annum from November 1, 2006 to March 2, 2007, and 15% per annum from the next day to the day of full payment, as the plaintiff seeks, to the extent of 390,000,000 won per annum.

2. Determination as to Defendant C’s defense

A. Defendant C asserts that the claim for the instant loan has expired by prescription.

B. However, the instant lawsuit was filed by Daejeon District Court 2006Gahap11726.

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