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(영문) 서울중앙지방법원 2017.11.28 2017가단5138473
양수금
Text

1. The defendant shall be jointly and severally and severally paid to the plaintiff KRW 21,778,052 and KRW 7,427,267 from June 2, 2017.

Reasons

Comprehensively taking account of the respective descriptions and the overall purport of arguments in Gap evidence Nos. 1 through 5 (including additional numbers), the defendant is obligated to pay the plaintiff the unpaid principal and interest and delay damages as shown in the attached Table (However, the "creditor" shall be deemed to be the "Plaintiff", and the "debtor" shall be deemed to be the "Defendant") and the facts constituting the same claim (the claims under the joint and several surety contract between the old Young Credit Union and the defendant around July 21, 2003), barring any special circumstance.

Although the Defendant asserts to the effect that “the extinctive prescription for the claim of this case has expired,” according to the above evidence, the payment order for the claim of this case has become final and conclusive, and it can be known that the lawsuit of this case was filed before the lapse of 10 years from the date of the final and conclusive date of the payment order (in the case of a claim finalized by the payment order, the extinctive prescription

If so, the plaintiff's claim is reasonable and acceptable.

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