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(영문) 서울중앙지방법원 2019.07.26 2018가단5264041

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 157,690,161 and the amount of KRW 42,590,897 from October 25, 2018 to the date of full payment.

Reasons

1. The facts of recognition are as shown in the annexed sheet of claim;

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, the transferee of the claim, such as the loan, the total amount of KRW 157,690,161, and the principal amount of KRW 42,590,897, as sought by the Plaintiff, 15% per annum from October 25, 2018 to the date of full payment.

B. The defendant's defense is defense that the extinctive prescription of the claim for the loan of this case has expired.

According to the above evidence, the defendant's agent C may recognize the fact that he/she has approved his/her obligation, such as loans, on January 21, 2014. If so, the statute of limitations of claims, such as loans, were interrupted by the approval of debt, and the five-year statute of limitations run again. Since the lawsuit in this case was filed on October 30, 2018, before the five-year period elapsed, it cannot be deemed that the statute of limitations has expired.

Therefore, the defendant's defense of extinctive prescription cannot be accepted.

3. It is so decided as per Disposition by admitting the plaintiff's claim.