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(영문) 서울중앙지방법원 2020.08.21 2020가단5083429
양수금
Text

1. The defendant shall pay 148,80,000 won to the plaintiff and 50,000,000 won from February 29, 2020 to the day of full payment.

Reasons

On July 24, 2007, Nonparty D loaned 50,000,000 won to the Defendant on July 23, 2008, at the rate of interest rate and interest for delay, 36% per annum.

On November 12, 2009, the above non-party company transferred the above loan claims against the defendant to A prior to the bankruptcy, and notified the transfer around November 20, 2009.

On March 15, 2010, the company before bankruptcy filed a payment order with the defendant to claim the payment of the acquisition amount (this court 2010 tea 18135), and on March 18, 2010, the following payment order was decided on April 9, 2010.

The defendant shall pay to the plaintiff 50 million won with 35% interest per annum from March 12, 2010 to the service date of payment order, and 20% interest per annum from the next day to the full payment date.

A company before bankruptcy was declared bankrupt on September 7, 2012

(3) The court below's decision on payment order was made on March 15, 2010 and the plaintiff filed the lawsuit of this case before 10 years elapse from the date on which the payment order became final and conclusive for the interruption of the extinctive prescription, and thus, the above defense is without merit.

Therefore, the defendant is obligated to repay the principal and interest of interest stated in the order to the plaintiff who is the bankruptcy trustee, so the plaintiff's claim is reasonable.

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