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1. The Defendant shall pay to the Plaintiff the amount of KRW 136,243,712 and KRW 38,793,781, whichever is applicable, from January 6, 2018 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Defendant received a loan from a financial institution specified in the following specification of claims, but lost the benefit due to delay in the payment of principal and interest, and the loan balance and overdue interest accrued until January 5, 2018 are as follows.
B. The Plaintiff acquired each of the above claims from Hyundai Capital Co., Ltd. on December 28, 2011 and from the New Card Co., Ltd. on June 21, 2013.
C. Meanwhile, with respect to each of the above claims against the defendant, the new card company received a payment order as of June 26, 2009 in Seoul Southern District Court Decision 2009Da9607 Decided 26, 2009 (which became final) and Hyundai Capital Co., Ltd. was sentenced respectively to the Seoul Central District Court Decision 2006Gaso231425 Decided 19, Dec. 19, 2006 (which became final and conclusive as of January 31, 2007) and the same court Decision 2006Gaso2180466 decided February 13, 2007 (which became final and conclusive as of January 11, 2007).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum from January 6, 2018 to the date of full payment of the interest rate of KRW 136,243,712, total amount of principal and interest of each of the above bonds, and KRW 38,793,781, which is the sum of principal.
In regard to this, the defendant asserts that the period of extinctive prescription of each of the above claims has lapsed five years. As seen earlier, the period of extinctive prescription has been extended to ten years upon receipt of payment order and judgment for each of the above claims, and according to the purport of the entry and arguments in the evidence No. 8, as to the above claims No. 1 on April 17, 2008, which is after the judgment became final and conclusive, 3.8 million won for the above claims No. 1 on April 17, 2008, and 2.5 million won for the claims No. 2, and in conclusion, the extinctive prescription has been renewed from that time on April 17, 2008.