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(영문) 서울중앙지방법원 2018.06.27 2018나5590

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

Comprehensively taking account of Gap evidence Nos. 1 through 8, the National Bank Co., Ltd. transferred the defendant 2 to the Incheon District Court 2006 Ghana53406, May 3, 2007, "the defendant shall pay 25,304,096 won to the National Bank and 19,171,372 won a year of 21% from November 22, 2006 to the day of full payment," and the above judgment was finalized on May 30, 207, and the defendant 2 was finalized on May 30, 2007, and the defendant 3 was transferred to the defendant 206Da106060, and the defendant 205 delivered the bonds to the defendant on July 24, 2008 to the defendant 3, 206, 301, 305% of the total amount of the bonds to be paid to the defendant 25% of the total amount of the bonds to the defendant 3, 201.5% of the defendant 29.24.25%.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 51,30,386 and the amount of KRW 21,736,581 from March 16, 2017 to the date of full payment. The Defendant is obligated to pay damages for delay calculated at the rate of KRW 15% per annum to the Plaintiff within the scope of the rate of damages for delay in the previous judgment from March 16,

Although the defendant asserts that his claim was extinguished after five years have elapsed since his/her delayed payment of the loan, the previous Supreme Court Decision 2006Gaso543406 and Seoul Central District Court.