(영문) 서울동부지방법원 2018.01.17 2017나3293

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2018.01.17 2017나3293

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 15, 1994, the former Korea Exchange Bank (hereinafter “Korea Exchange Bank”) (hereinafter “Korea Exchange Bank”) loaned KRW 10 million to the Defendant (hereinafter “instant loan”), and on the same day B guaranteed the Defendant’s debt to the Nonparty Company.

B. On January 22, 2002, the non-party company transferred the claim for the loan of this case to the business securitization specialized company, and on August 1, 2003, the business securitization specialized company re-transfer the above claim to the global foreign currency securitization specialized company, and on June 8, 2007, the limited company specialized in the global foreign currency securitization re-transfer the claim to the plaintiff on June 8, 2007, respectively, and each of the above claims assignment companies notified the defendant of the fact of transferring the claim.

C. The remaining principal and interest of the instant loan as of December 9, 2008 are KRW 36,246,131 (i.e., the fixed interest on the remaining principal amounting to KRW 9,763,967, and KRW 26,482,164). The agreed interest rate applicable to the instant loan from December 9, 2008 is 18% per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Determination

A. According to the above facts, the defendant is jointly and severally liable to pay the remaining principal and interest of the loan of this case which the plaintiff acquired by the plaintiff to the plaintiff 36,246,131 won (=interest 26,482,164 won which became final and conclusive until the base date of the above principal 9,763,967 won) and damages for delay calculated by the rate of 18% per annum from December 10, 2008, which is the day following the last interest calculation day to the day of full payment.

B. As to this, the Defendant asserts to the effect that the extinctive prescription has already expired around the end of 1999, since the Defendant did not pay the debt from around the end of 1994 and lost the benefit of time.

According to the evidence adopted earlier, the non-party 1 was examined.

유사 판례

-서울동부지방법원 2017.11.01 2017나21550

-부산지방법원동부지원 2017.06.29 2017가합100542

-대전지방법원 2016.05.26 2014나107046

-서울중앙지방법원 2015.10.20 2015나36609

-서울동부지방법원 2017.11.01 2017나21765