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(영문) 서울중앙지방법원 2016.09.21 2016가단5120451
양수금
Text

1. The defendant shall pay to the plaintiff KRW 128,32,651 as well as KRW 44,00,000 among them, from April 1, 2016 to the day of full payment.

Reasons

1. According to the evidence Nos. 1 through 4 (including each number) of the judgment on the cause of the claim, it is recognized that the facts are the same as the statement on the cause of the claim in the separate sheet. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum from April 1, 2016 to the date of full payment, which is the date following the start of the final damages for delay, as to the balance of the principal and interest of the obligation as of March 31, 2016 and the balance of the principal amount of KRW 44,00,000,000.

2. Judgment on the defendant's defense

A. The defendant asserts that the claim stated in the attached Form (hereinafter "the claim of this case") has expired by prescription.

B. According to the statements in Gap evidence Nos. 5 and 6, a national bank, the transferor of the claim of this case, filed a lawsuit against the defendant on the ground of the claim of this case (Seoul Central District Court 2006Kadan108662), and the above court rendered a judgment accepting the claim of June 9, 2006, and the above judgment became final and conclusive on July 7, 2006.

C. Since it is apparent that the instant lawsuit was filed before the lapse of 10 years from the date on which the said judgment became final and conclusive, the Defendant’s defense is without merit.

3. Full acceptance of the Plaintiff’s claim

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