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(영문) 서울중앙지방법원 2017.02.16 2016가단5157019
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 80,806,969 and KRW 47,340,763 from April 8, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. According to each description of Gap evidence Nos. 1 through 7 (including each number), it is recognized as the same facts as that of the reasons for the claim in the annexed sheet.

B. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum from April 8, 2016 to the date of full payment, which is the day following the calculation of the final damages for delay, as to KRW 80,806,969 of the balance of the principal and interest of the obligation and KRW 47,340,763 of the principal.

2. Judgment on the defendant's assertion

A. The Defendant did not receive the notification of the assignment of claims to each of the claims indicated in the grounds for the claim, and thus asserted that the Plaintiff’s claim is unjustifiable.

According to the evidence No. 4-1 to No. 3, the defendant's assertion is without merit, even if the plaintiff, who was delegated with the power to notify the transfer from the transferor of each claim as stated in the grounds for the claim in the separate sheet, sent the notice of assignment to the defendant on June 5, 2012 and June 23, 2014 by content certification. Thus, even if the notice of assignment of the above domestic obligation was not delivered to the defendant, the fact that the notice of assignment of the above domestic obligation was delivered to the defendant on August 16, 2016 in the process of the lawsuit

B. The defendant asserts that the credit card user-price claim and the comprehensive passbook loan claim acquired from the Busan Bank were extinguished by prescription among the claims stated in the attached form of claim.

The starting date of the extinctive prescription is the starting point of calculating the period of extinctive prescription, which falls under the legal effect requirement of the extinction of the obligation, and it constitutes a specific fact that constitutes the legal requirement of the defense of extinctive prescription, and thus is subject to the application of the principle of pleading. As the defendant does not specify the starting point of the extinctive prescription as the "when it is possible

3. Full acceptance of the Plaintiff’s claim

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