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(영문) 서울중앙지방법원 2017.09.26 2017가단5102559
양수금
Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from April 27, 2017 to the date of full payment.

Reasons

1. In full view of the respective descriptions of Gap evidence Nos. 1 through 10 (including the provisional number) and the overall purport of the pleadings as to the cause of the claim, the defendant is obligated to pay the plaintiff the unpaid principal and interest and damages for delay, as shown in the separate sheet (Provided, That the "creditor" shall be deemed to be the "Plaintiff", and the "debtor" shall be deemed to be the "Defendant", barring special circumstances.

2. Judgment on the defendant's assertion

A. The defendant alleged to the effect that "the defendant was not notified of the transfer of claim," but since the defendant was aware of the transfer of claim in the course of the lawsuit of this case, the defendant's above assertion is without merit.

B. The Defendant asserts to the effect that “the extinctive prescription for the instant claim was completed”

In the event that an auction procedure is in progress, the extinctive prescription takes place again from the time when the distribution schedule became final and conclusive. In full view of the overall purport of the pleadings as to the entries in the evidence Nos. 5, 8, and 10, it can be known that the instant lawsuit was filed prior to the lapse of five years from the time when the distribution schedule was final and conclusive in the auction procedure of real estate No. 5, 8, and 10 regarding the instant claim

3. Conclusion, the plaintiff's claim is justified and acceptable.

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