logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.08.10 2016가단5133082
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 40,985,875 and the amount of KRW 20,268,176 from April 25, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of the claim (Provided, That the creditor is the plaintiff, the debtor is the defendant) is liable to pay to the plaintiff 40,985,875 won in total amount of principal and interest, and damages for delay calculated at the rate of 17% per annum from April 25, 2016 to the day of full payment, as the defendant is liable to pay to the plaintiff 40,985,875 won in total, and 20,268,176 won in total, and the principal and interest of the principal.

2. As to the defendant's defense, since the defendant's claim for loans against the defendant by an equitable mutual savings bank was extinguished by prescription, it is obvious in the record that the plaintiff's application for the payment order of this case was filed on April 25, 2016 after five years have passed since the defendant's claim for loans against the defendant was extinguished by prescription. However, according to the evidence No. 5, the fair mutual savings bank's claim for payment order of this case was suspended by receiving dividends of KRW 3,05,175 on May 6, 201, and it was eventually filed within five years thereafter, and the defendant's claim for the payment order of this case was not justified.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

arrow