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(영문) 서울중앙지방법원 2015.10.29 2015가단5150165
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 36,00,000 and the interest rate of KRW 15% per annum from April 22, 2015 to the date of complete payment.

Reasons

1. Assertion and determination

A. In light of the facts that there is no dispute between the parties, Gap evidence 1-1-3, Gap evidence 2-2-6, and the purport of the entire pleadings, the court below found on November 23, 1999 that the amount of KRW 30,000,000 was determined and extended from Han Light Bank Co., Ltd. as of November 22, 2000 (hereinafter "the loan of this case"), and the defendant jointly and severally guaranteed the above loan obligations with the amount of KRW 36,00,000,000. The loan of this case in this case is transferred in sequence to the plaintiff on December 30, 2009 through Han LIB, EIB Co., Ltd., Ltd., and the loan of this case as of March 24, 2015, the principal amount of the loan of this case remains as of November 26, 219, interest or delay damages amounting to KRW 36,000.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the transferee of the instant loan claim, the amount of KRW 36,000,000, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 22, 2015 to the date of full payment, which is clear that the original copy of the instant payment order was served on the Defendant.

B. On this ground, the defendant set up a defense that the credit of this case expired by prescription.

In light of the facts that the maturity period of the instant loan claim was November 22, 2000, as seen earlier, however, in addition to the overall purport of the pleadings in the evidence No. 6, considering that the first transferee of the instant loan claim, as the first transferee of the instant loan claim, the company specialized in the ELB, the first transferee of the instant loan claim, was rendered a judgment on March 24, 2006 against the Defendant, etc., who is the principal debtor B and the joint guarantor, as the Seoul Central District Court Decision 2005Da361145, and the said judgment became final and conclusive around that time. The Plaintiff’s payment order in this case was filed on March 24, 2015, which was ten years after that date. Thus, it is clear that the Plaintiff’s payment order in this case was filed on March 24, 2015.

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