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(영문) 서울남부지방법원 2017.10.24 2017가단203170
양수금
Text

1. The defendant shall pay 131,778,697 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Comprehensively taking account of the overall purport of arguments as stated in Gap evidence Nos. 1 through 7, the defendant purchased a new apartment and obtained a loan of KRW 322,080,00 from a new bank around May 29, 2009 to prepare part payments, the principal of the loan shall be repaid in lump sum on February 28, 201, and the first interest shall be paid within one month from the starting date of the loan, and the interest payment within one month from the day following the final date of calculating the interest payment, the defendant delayed the repayment of the above principal and interest payment of the loan and interest payment of KRW 131,778,697 (from December 31, 201 to November 21, 2014). The fact that the new purchaser of the loan and interest payment of KRW 20,00,000 from the new bank at the time of sale in lots may be revoked by the new purchaser of the loan and the new purchaser of the loan from the new purchaser of the loan and the new purchaser of the loan, respectively.

According to the above facts of recognition, the defendant is obligated to pay KRW 131,778,697 to the plaintiff, except in extenuating circumstances.

2. As to the defense, the defendant raised a defense that the defendant's claim should be dismissed, inasmuch as he/she received interest on the above loan from February 28, 201, and the payment order of this case was filed by asserting that it was obvious that five years have passed since the period of commercial prescription was due from February 28, 2011, and that the interest on the above loan was transferred to him/her, and that the payment order of this case was filed.

In this regard, the principal, interest, or damages for delay, is premised on the existence of the original, which is the principal claim.

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