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(영문) 서울중앙지방법원 2016.10.12 2016가단5146132
양수금
Text

1. The defendant shall pay to the plaintiff KRW 74,986,182 as well as KRW 24,849,570 among them, from April 2, 2016 to the day 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 7% interest per annum from April 2, 2016 to the day of full payment of the principal amount of KRW 74,986,182 in total, and KRW 24,849,570 in total, and interest of KRW 74,986,182 in total, and interest of KRW 24,849,570 in total and interest of KRW 17% per annum.

2. As to the Defendant’s defense, the Defendant asserted that the claim acquired by the Plaintiff was extinguished by prescription. However, according to the evidence No. 8-1 to No. 4, Hyundai Capital’s defense: (i) requested against the Defendant for the payment of the claim as stated in the separate claim No. 2006Gau17522 against the Defendant under the separate claim No. 206Gau172, which became final and conclusive June 10, 2006 upon receipt of the performance recommendation decision; (ii) Hyundai Capital’s motion for payment of the claim as stated in the separate claim No. 2006Da2816 against the Defendant under the separate claim No. 2006, the Defendant’s order for payment was finalized on July 19, 2006; (iii) since the new card was issued by the Defendant’s order for payment order against the Defendant under the separate claim No. 2006Da2178, May 26, 2006, it became final and conclusive upon receipt of the Defendant’s claim No. 16.

In addition, the defendant asserts that he cannot respond to the plaintiff's claim as scheduled to apply for individual rehabilitation including the plaintiff's claim.

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