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(영문) 서울중앙지방법원 2017.04.19 2016가단5267589

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 142,327,170 and the amount of KRW 35,537,686 from August 24, 2016 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings as to the evidence No. 1-11 as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money set forth in paragraph (1) of this Article.

2. The defendant's assertion : (a) the defendant alleged that he/she used the claim that he/she used, and (b) the ten-year extinctive prescription has expired, and thus, he/she cannot accept the plaintiff'

The plaintiff's claim cannot be avoided because the defendant who is the title holder of the loan could not be exempted from liability because he used the loan by the defendant as the defendant's assertion. ② According to the evidence No. 1, since the plaintiff acquired each claim from each creditor financial institution as stated in the ground for application No. 1 on March 31, 2005, it can be recognized that the payment was made every month from June 201 to November 24, 201. This constitutes the ground for interruption of the extinctive prescription, and thus, as long as the lawsuit of this case was filed on August 30, 2016, which constitutes the ground for interruption of the extinctive prescription, the claim for extinctive prescription is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.