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(영문) 서울중앙지방법원 2016.09.21 2016가단5170203

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 62,922,156 and KRW 39,985,785 among them, from March 19, 2016 to the day of full payment.

Reasons

1. According to the evidence Nos. 1 through 4 (including each number) of the judgment on the cause of the claim, the facts are recognized as identical to the statement on the cause of the claim in the separate sheet. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum from March 19, 2016, with respect to the balance of the principal and interest on the debt as of March 18, 2016 as of March 18, 2016 as of KRW 62,922,156 and the balance of principal 39,985,785, which are the date following

2. Judgment on the defendant's defense

A. The Defendant asserts that each of the claims listed in the separate sheet (hereinafter “each of the claims of this case”) has expired by prescription.

B. According to the evidence evidence No. 5, a national bank, the transferor, filed a lawsuit against the defendant on the ground that "the principal of each of the claims of this case, interest and delay damages until November 9, 2005, and delay damages at the rate of 25% per annum after November 10, 2005," including the amount stated in the claim against the defendant, "the principal of each claim of this case, interest and delay damages, and delay damages at the rate of 25% per annum (the Daejeon District Court Decision 2005Gadan25058)" (the Daejeon District Court Decision 2005DaDa25058), and the above court rendered a judgment accepting the claim on April 20, 206, and at that time,

C. The defendant's defense is not reasonable since it is apparent that the lawsuit in this case was filed before 10 years elapsed from the date of the above judgment became final and conclusive.

3. Full acceptance of the Plaintiff’s claim