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(영문) 부산지방법원동부지원 2017.10.17 2017가단207019
양수금
Text

1. As to KRW 243,863,676 and KRW 200,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from October 31, 2013 to July 5, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1, 2, and 3, the Small and Medium Business Corporation extended a loan of KRW 200,000,000 to the defendant on June 30, 2010 at the rate of 4.38% per annum and 12% per annum on the expiration date of the loan. After that, the defendant lost the profits arising from the repayment of the loan obligations. The Small and Medium Business Corporation transferred the loan claim (principal principal amount of KRW 200,000,000 and interest and delay damages amount of KRW 43,863,767) to the plaintiff on October 30, 2013, and notified the defendant of the fact on December 4, 2013, the defendant is liable to pay 243,863,767 won per annum and delay damages amount of KRW 20,200,000 per annum from the day after the expiration date of the loan.

2. As to this, the defendant's defense that the loan claims acquired by the plaintiff were extinguished upon the completion of the five-year prescription.

On August 2, 2011, comprehensively taking account of the purport of the entire pleadings in the statement No. 4, the Defendant’s defense against the Small and Medium Business Corporation may be acknowledged to have discharged a total of KRW 636,164 (i.e., KRW 635,99 won) on August 2, 201. Therefore, the extinctive prescription of the Defendant’s claim for the instant payment order was suspended on the same day. The fact that the Plaintiff applied for the instant payment order on June 29, 2016, which was five years after the lapse of the five years from the Plaintiff, is apparent in

3. If so, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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