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(영문) 서울중앙지방법원 2018.05.28 2017가단5143222
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 115,294,524 and KRW 32,149,96 among them, from May 31, 2017 to the day of full payment.

Reasons

1. The facts stated in the attached Form of the judgment on the cause of the claim do not conflict between the parties, or can be acknowledged according to the overall purport of Gap evidence Nos. 1 through 4, and 6 and all pleadings. Thus, the defendant is obligated to pay the plaintiff the money stated in paragraph 1 of this Article

2. Judgment on the defendant's assertion

A. The extinctive prescription of the claims asserted by the Plaintiff was complete, and the claims acquired from the foreign exchange bank out of the above claims were already repaid.

B. According to the records in Gap evidence No. 5, the defendant requested the debt approval and the re-resolution of the claim as stated in the Disposition No. 1 of July 17, 2012. This constitutes the debt approval, which is a ground for interruption of extinctive prescription, and thus, the extinctive prescription of the above claim was interrupted at the above point, and it is apparent in the records that the plaintiff applied for the payment order of this case on June 15, 2017, which was before five years have elapsed since the above claim expired, the defendant's assertion that the extinctive prescription of the above

There is no evidence to acknowledge that the claims acquired from the foreign exchange bank have been repaid out of the above claims.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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