beta
(영문) 서울중앙지방법원 2016.06.29 2016가단5084074

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 77,951,571 and KRW 43,989,839 among them, from December 7, 2015 to the day of full payment.

Reasons

1. According to the evidence Nos. 1, 2, 6, 7, and 8 of the judgment on the cause of the claim, it is recognized that the facts are the same as 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 December 7, 2015, which is the day following the start of the final damages for delay, to the day of full payment, with respect to KRW 7,951,571 of the balance of the principal and interest as of December 6, 2015 and the principal amount of KRW 43,989

2. Judgment on the defendant's defense

A. The defendant asserts that each claim in the separate sheet was extinguished by prescription.

B. According to the evidence No. 6, the Defendant’s repayment of KRW 263,116, total amount of the credit card debts with respect to the national card indicated in the attached Form No. 6, on February 10, 2011. This constitutes a cause interrupting the extinctive prescription period, and ② according to the evidence No. 7 and No. 8, the Defendant’s final payment period for the Defendant’s loans to one bank is 2011.

4.23.Recognition of fact.

The defendant's defense of extinctive prescription is without merit, since the facts raised before five years elapse from each of the above dates are apparent in the record.

3. Full acceptance of the Plaintiff’s claim