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(영문) 서울중앙지방법원 2017.10.31 2017가단5147033
대여금 등
Text

1. The Defendant’s interest rate of KRW 95,729,938 and KRW 36,714,680 among the Plaintiff shall be from June 6, 2017 to the date of full payment.

Reasons

In full view of each of the statements and the purport of the entire arguments in Gap evidence Nos. 1 through 8, since it is recognized that the same cause of the claim is recognized as "the plaintiff" and "the debtor" shall be deemed "the defendant," the defendant is liable to pay the unpaid principal and interest and delay damages to the plaintiff, such as the statement in paragraph (1) of the Disposition.

The Defendant asserts to the effect that “the five-year extinctive prescription for the instant claim has expired”.

According to each of the above evidence, the defendant can recognize the fact that he partially repaid the debt of this case on June 29, 2012, and since the lawsuit of this case was filed before five years elapse from the above repayment date which can be viewed as approval, the above argument of the defendant is without merit.

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

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