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(영문) 서울중앙지방법원 2014.12.24 2014가단173357

청구이의

Text

1. The Defendant’s payment order against the Plaintiff was issued on February 25, 2014 by the Seoul Central District Court.

Reasons

1. On February 25, 2014, the Seoul Central District Court issued an order to pay KRW 17,061,186 to the Plaintiff and KRW 4,646,720 per annum to the Defendant for the payment of KRW 20% per annum from the day following the service of the payment order to the day of full payment of KRW 16,200 as well as the order to pay KRW 16,200 as the cost of demand procedure.

4. 22. The same year after delivery to the Plaintiff

5.8. The claims have become final and conclusive, and the causes of the claims are:

On July 9, 199, the Plaintiff agreed on July 9, 199 to pay the debt immediately because the amount of the loan exceeds the limit of 4,700,000 won by obtaining automatic loans from the Bank of Korea (Korea Light Bank Co., Ltd.) to the extent of 4,70,000 won. The Plaintiff agreed to pay the excess amount by July 9, 200, which is the expiration date of the transaction.

However, the Plaintiff did not pay on the designated date of each month, and thus the benefit of time was lost.

The Korean bank transferred the above loan claims against the Plaintiff to the Plaintiff via the Korea Finance Primary Asset Securitization Specialized Company, the Promotion Savings Bank Co., Ltd., and notified the Plaintiff thereof.

The principal of the loan bonds as of February 2, 2014 is KRW 4,646,720 and interest KRW 12,414,466.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff asserted that the period of five years from August 9, 200, which is the due date for the above loan claim, has expired. The defendant filed a lawsuit against the plaintiff on August 11, 2005 against the Seoul Central District Court for the claim for the loan claim against the promotion savings bank corporation on the basis of the above loan claim.

9. Inasmuch as a decision on performance recommendation has become final and conclusive, the extinctive prescription is suspended.

B. According to the above facts of recognition, the above loans are loans.