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(영문) 서울중앙지방법원 2016.10.12 2016가단5123160

양수금

Text

1. The Plaintiff:

A. As to Defendant A’s KRW 503,640,976 and KRW 93,285,034 among them:

B. Defendant B is Defendant A.

Reasons

1. The judgment of the cause of the claim and the changed cause of the claim (However, the creditor is the plaintiff and the debtor is the defendant) are not disputed between the parties or can be acknowledged in full view of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 7. As such, the defendant A is jointly and severally liable with the defendant A to pay the plaintiff the total amount of principal and interest of KRW 503,640,976 and the principal of KRW 93,285,034, the principal and interest of KRW 18,442,162 (the principal and interest of KRW 5,475,659,659, interest of KRW 12,96,50,000,000 and KRW 18,442,162 (the principal and interest of KRW 5,475,62,503) from the following day to the final interest rate of KRW 5,475,659 among the above amounts).

2. As to the defendants' defenses, the defendants asserted that the claims acquired by the plaintiff were extinguished by prescription. However, according to each of the statements in Gap evidence Nos. 5 through 7, the Hanin Savings Bank (the newly incorporated mutual savings bank changed to each other on July 1, 201) can be acknowledged that the defendants filed a lawsuit against the defendants for payment of the above loans under the Incheon District Court Branch Branch Decision No. 2005Ra6152, May 10, 2006, and it can be recognized that the above judgment became final and conclusive on June 28, 2006, and the lawsuit of this case was filed before the lapse of 10 years thereafter, and according to each of the statements in Gap evidence No. 4-1 through No. 4, the defendant A, the principal debtor, can be recognized that the defendant A repaid the above obligations to Hyundai Capital by January 4, 2012, and since the lawsuit of this case was filed before the lapse of 5 years thereafter, the defendants' defense was not justified.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.