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(영문) 서울중앙지방법원 2017.09.19 2016가단5261543
양수금
Text

1. The Plaintiff:

A. For Defendant A: 150,263,595 won and 36,604,288 won among them:

B. Defendant B is Defendant A.

Reasons

In full view of the respective descriptions and the purport of the entire arguments as set forth in subparagraphs 1 through 9, the Defendants are obligated to pay to the Plaintiff the unpaid principal and interest and delay damages as described in paragraph (1) of this Article, except in extenuating circumstances.

The Defendants asserted to the effect that “the extinctive prescription has been completed for each of the instant claims,” and the Plaintiff asserts to the effect that “the extinctive prescription has been interrupted.”

In full view of the above evidence and the fact-finding results of each of the facts-finding cases, it is recognized that there was a final judgment and seizure based thereon against Defendant B, and as to Defendant A, Defendant A approved each of the obligations of this case and prepared a plan for debt settlement with the Plaintiff around January 23, 2012, but lost its validity on March 30, 2012. Since the lawsuit of this case was filed before five years elapse from the date of debt settlement, the above assertion by the Defendants is without merit.

Thus, the plaintiff's claim is justified, and all of them are accepted.

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