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(영문) 서울중앙지방법원 2017.11.22 2017가단5134891
양수금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 90,179,337 and KRW 25,32,64, whichever is applicable, from February 16, 2017 to the day of full payment.

Reasons

1. The allegations and judgment of the parties

A. The grounds for the Plaintiff’s assertion are as shown in the annexed sheet

(However, ‘creditor' is regarded as ‘Plaintiff' and ‘debtor' as ‘Defendant').

Judgment

1) Comprehensively taking account of the purport of the entire pleadings as to the claims No. 6 No. 1, the court below rendered a judgment in favor of the Plaintiff on April 26, 2007 in the Seoul Central District Court case No. 2007dan18759, which was brought against the Defendant by Solomon Mutual Savings Bank against the Defendant. The judgment became final and conclusive on May 16, 2007, and the fact that the instant payment order was filed on February 28, 2007, when the ten-year extinctive prescription period was too excessive. However, since the remainder of the evidence submitted by the Plaintiff alone is insufficient to recognize that the Solomon Mutual Savings Bank held claims No. 2, the Defendant of this part of the claim cannot be accepted ( even if this claim was established, it is evident that the period of extinctive prescription, which was 5 years from December 10, 2010, for which the Plaintiff acquired the claim.

(2) Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 90,179,337 of the principal and interest of the claim No. 1 and damages for delay calculated at the rate of 15% per annum as sought by the Plaintiff from February 16, 2017 to the date of full payment.

2. For this reason, we accept only a claim No. 1 among the claims in this case, and decide as per Disposition.

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