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(영문) 서울중앙지방법원 2015.10.05 2014가단5271546

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 43,387,982 and KRW 19,381,265 among them, 17% per annum from September 29, 2014 to the date of full payment.

Reasons

1. The facts supporting the facts are as follows: (a) there is no dispute between the parties; (b) evidence Nos. 1, 2, 2-1, 2-2-1, 3-3, 5, 4-7, 7, 9, and 10 of evidence Nos. 3-1, 2, 3-5, 4-7, 9, and 10 of the evidence Nos. 1, 2, 3-2, 2-1, 3-1, 3-2, 5, 4-7, 7, 9, and 10 of the evidence Nos. 1, 3-2, 3-2, 3-2, 5, 3-

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 43,387,982 as well as the amount of KRW 19,381,265 as to the principal and KRW 17% per annum from September 29, 2014 to the date of full payment.

B. As to the defense, the Defendant’s defense that each of the above obligation was completed by the five-year commercial extinctive prescription, the Plaintiff re-claimed that the extinctive prescription was interrupted since the Defendant paid the above obligation to the Defendant until January 2010.

In light of the above fact-finding results, the defendant recognized the fact that the obligation of each takeover from our bank by January 7, 2010, the obligation of the KNN card, and the obligation of the respective takeover from Hyundai Capital was partially repaid by January 6, 2010, and the obligation of the takeover from a new bank by January 17, 2010, through the credit recovery support system. The above obligation of the takeover was suspended by the extinctive prescription in January 2010. Thus, the plaintiff's above second defense is justified, and the defendant's defense is without merit.

In addition, the defendant paid a total of KRW 19,803,506 from August 20, 2001 to January 6, 201, the defendant asserted that the balance does not reach the above amount, but the fact-finding on Gap's evidence and Hyundai Capital.