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(영문) 서울중앙지방법원 2016.11.30 2016가단5154812
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 87,021,354 and KRW 23,774,070 among them to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. According to each of the statements in Gap evidence Nos. 1 through 8, it is recognized as the same facts as that of the reasons for the claim in the attached Form.

B. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum from May 17, 2016 to the date of full payment, with respect to KRW 87,021,354 of the balance of the principal and interest of the Plaintiff as well as KRW 23,774,070 of the principal and interest of KRW 23,774,0

2. Judgment on the defendant's defense

A. The Defendant asserts that each of the claims listed in the separate sheet (hereinafter “each of the claims of this case”) has expired by prescription.

B. According to the statements in Gap evidence Nos. 2 through 8, the defendant submitted to the plaintiff on March 21, 201, a request for debt readjustment and a letter of undertaking that "to approve and repay each of the claims of this case" to the plaintiff on March 21, 201, and the defendant paid to the plaintiff KRW 200,000 as part of each of the claims of this case on August 10, 201.

This constitutes a ground for suspending extinctive prescription, and the fact that the Plaintiff filed the instant lawsuit before five years elapse from the above date is apparent.

Therefore, the defendant's defense is without merit.

3. Full acceptance of the Plaintiff’s claim

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