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(영문) 서울중앙지방법원 2017.05.23 2017가단5039729
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 205,258,290 and KRW 100,000 among them, from May 30, 2006 to the date of full payment.

Reasons

In full view of the respective entries in Gap evidence 1 through 3 (including additional numbers) and the overall purport of the pleadings, it is recognized that the cause of the claim is the same as that in the separate sheet (the "creditor" shall be deemed to be the "Plaintiff," and the "debtor" shall be deemed to be the "Defendant," and thus, the defendant is liable to pay to the plaintiff the unpaid principal and interest and delay damages.

Although the Defendant asserts to the effect that “the extinctive prescription has been completed prior to the filing of the previous suit (Seoul Central District Court 2006Gahap6956) with respect to the instant claim, the Defendant’s above assertion is not permissible against the res judicata of the final and conclusive judgment in the previous suit.”

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

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