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(영문) 서울중앙지방법원 2018.05.15 2018가단5063699

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 141,473,298 and KRW 44,472,103 from September 26, 2016 to the day of full payment.

Reasons

1. In fact, the facts below can be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence Nos. 1-7 (including each number).

On January 31, 2006, the Plaintiff filed a claim against the Defendant for the acquisition money of the Seoul Eastern District Court 2006Kadan11518, and asserted as follows.

1) The Defendant received or borrowed credit cards on the date stated in the column of the agreement date from a financial institution as indicated below, and thereafter received or borrowed outstanding principal on March 31, 2005, and the overdue interest rate is 17% per annum. The Defendant applied for the issuance of credit cards to the Defendant on June 19, 2003, the card loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan

(hereinafter referred to as “each claim of this case”). B.

On December 7, 2006, the above court rendered a judgment that "the defendant shall pay to the plaintiff 44,472,103 won and 17% interest per annum from April 1, 2005 to the date of full payment." The judgment became final and conclusive on December 28, 2006 due to the defendant's failure to appeal.

(hereinafter referred to as "final and conclusive judgment") c.

Upon the arrival of the extinctive prescription of a claim based on the final and conclusive judgment, the Plaintiff filed against the Defendant with the Seoul Central District Court 2016 tea40397, Oct. 19, 2016, the Defendant, as the head of Seoul Central District Court, KRW 44,472,103, KRW 97,001, KRW 195, and KRW 4,472,103, KRW 175, and KRW 17% per annum from April 1, 2005 to September 25, 2016, as to KRW 4,472,103 from September 26, 2016 to the date of full payment.