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(영문) 서울중앙지방법원 2018.05.10 2018가단5030866
양수금
Text

1. The defendant shall pay to the plaintiff KRW 71,107,820 as well as KRW 33,132,218 among them, from January 19, 2018 to the day of full payment.

Reasons

1. The facts of the cause of the claim in the separate sheet of determination as to the cause of the claim do not conflict between the parties, or can be recognized by each entry in Gap evidence 1 to 5 (including paper numbers).

Therefore, the Defendant is obligated to pay to the Plaintiff, a transferee of each of the instant loans, 71,107,820 won in total and 33,132,218 won in total, and delay damages calculated at the rate of 15% per annum from January 19, 2018 to the date of full payment.

2. As to the defendant's assertion, since the defendant's each of the claims of this case was extinguished by the prescription period, according to the above evidence, it is acknowledged that the order of this case was finalized on September 18, 2010 after the lapse of the extinctive prescription period of the loans of this case against the defendant, and as to the loans of this case and the claim for the guaranteed debt of the previous district court 2008GaBa1628, the previous district court 2008, the previous district court 2008, and July 8, 2008, the decision of performance recommendation was finalized on July 2 through 5, 2008. As to the claims of this case against the defendant, the previous district court 2010Da2000, and the plaintiff's order of payment order of the loans of this case was finalized on September 18, 2010 after the lapse of the extinctive prescription period of the above 201, the plaintiff's claim for performance recommendation of the above small amount of loans of this case becomes final by the plaintiff's order of payment order of 15.

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