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(영문) 서울중앙지방법원 2020.07.09 2019가단5282206
어음금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 100,000,000 won and the period from October 30, 2009 to December 31, 2019.

Reasons

1. Around October 29, 2009, the Plaintiff lent KRW 100,000,00 to Defendant B. The facts of joint and several guarantee by Defendant C on the same day are either disputed between the parties, or acknowledged by considering the whole purport of the pleading in the statement of evidence No. 1, and there is no counter-proof.

As to this, the Defendants asserted that the above loan claim had expired after the lapse of ten years from the date of loan, so it is apparent that the Plaintiff filed an application for the instant payment order on October 8, 2019, which was within ten years from October 29, 2009, the above loan date, and therefore, the Defendants’ defense of extinctive prescription is without merit.

2. In conclusion, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 100,00,000 as well as the amount of interest and delay damages at the rate of 5% per annum under the Civil Act from October 30, 2009 to December 31, 2019, which is clearly indicated that it is the last service date of the original copy of the payment order in this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the Plaintiff’s claim in this case is justified and thus, it is so decided as per Disposition.

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