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(영문) 서울중앙지방법원 2017.12.13 2016가단5203875
양수금
Text

1. The defendant shall pay to the plaintiff KRW 48,662,847 and KRW 29,200,00 among the costs, from July 20, 2016 to the date of full payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the "creditor" is deemed to be the "defendant" for the plaintiff and the "debtor". 【The grounds for recognition】 Each entry and the purport of the whole pleadings in the evidence Nos. 1 to 6

B. The Defendant asserts that the Defendant did not receive notice of the transfer of each of the instant claims. However, according to the evidence No. 3, it can be acknowledged that the Plaintiff, who was delegated with the authority to notify from the transferor of the instant claims, sent the notice of the transfer of claims to the Plaintiff by content-certified mail on June 23, 2014, and as long as the above notice was delivered to the Defendant on October 8, 2016 during the pleading of the instant case, this assertion cannot be accepted. 2) The Defendant asserted that the period of extinctive prescription of each of the instant claims expires five years after the lapse of five years. (A) Comprehensively taking into account the overall purport of the pleadings No. 5 and No. 6, our card claims were final repayment on September 19, 201, and our bank claims were due on October 13, 2011, and the payment order was not sufficient to recognize that the Defendant applied for the payment order on July 14, 2016, respectively.

Ultimately, the defendant's assertion that the extinctive prescription of a new card claim has expired is accepted.

C. Accordingly, the Defendant’s claim against the Plaintiff at the rate of 17% per annum as the Plaintiff seeks from July 20, 2016 to the date of full payment with respect to the total amount of KRW 48,662,847 as well as the principal amount of KRW 29,20,00,00.

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