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(영문) 수원지방법원 2017.02.16 2016가단541136
양수금
Text

1. From August 12, 2016 to August 31, 2016, the Defendant paid KRW 21,815,334 to the Plaintiff, out of KRW 106,957,493 and the above amount.

Reasons

1. The facts that there is no dispute over the cause of the claim, and comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5, the National Agricultural Cooperative Federation loaned to the defendant on June 25, 1997 the due date for payment of KRW 30 million to the defendant on June 25, 1999; the plaintiff acquired the claim against the defendant from the National Agricultural Cooperative Federation on or around November 7, 2006, and notified the defendant on behalf of the National Agricultural Cooperative Federation on or around December 4, 2006; the plaintiff applied for the payment order against the defendant as Suwon District Court 2007 tea7824 on September 7, 2007; the plaintiff applied for the payment order against the defendant as Suwon District Court 200 million won on September 7, 2007, "the defendant paid to the plaintiff at a rate of KRW 30 million and KRW 20 million on a yearly basis from August 24, 2007 to the full payment."

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 106,957,493 (the principal of KRW 21,815,334, the interest of KRW 85,142,159) and the principal of KRW 21,815,34 from August 12, 2016 to August 31, 2016 of the date when the complaint of this case was served on the defendant, as requested by the plaintiff, 18% per annum for the plaintiff within the scope of the fixed interest rate and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. The defendant's defense that the defendant's above claim against the defendant was extinguished by the statute of limitations.

The plaintiff's claim against the defendant was due on June 25, 199, and it is apparent in the record that the lawsuit of this case was filed on September 8, 2016 after ten years from the lawsuit of this case. However, as seen earlier, the plaintiff applied for a payment order to the defendant before the expiration of the statute of limitations and applied for a payment order to the defendant before the expiration of the statute of limitations and can be recognized that the above payment order became final and conclusive on September 7, 2007. Thus, the statute of limitations for the above claim has not expired.

Therefore, it is true.

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