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(영문) 서울중앙지방법원 2017.06.27 2017가단11962

양수금 등

Text

1. The Defendant’s KRW 54,728,561 and its weight to the Plaintiff:

A. From November 22, 2016 to January 2, 2017, KRW 24,728,012

Reasons

The defendant is obligated to pay the plaintiff the unpaid principal and interest and damages for delay as described in paragraph (1) of this Article, in full view of the respective statements and the purport of the whole pleadings as shown in the attached Form.

Although the Defendant alleged to the effect that “the extinctive prescription for each of the instant claims has been completed,” comprehensively taking account of the overall purport of the pleadings in each of the statements in subparagraphs 8 through 10, the extinctive prescription was interrupted due to seizure around November 17, 201, and it can be known that the extinctive prescription was resumed on July 24, 2012 when the distribution schedule became final and conclusive, and that the instant lawsuit was filed prior to the lapse of five years thereafter, the Defendant’s allegation is without merit.

If so, the plaintiff's claim is reasonable and acceptable.