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(영문) 부산지방법원동부지원 2016.09.07 2016가단208138
양수금
Text

1. The Defendant is 12% per annum for KRW 90,690,013 and KRW 27,715,585 among them to the Plaintiff from May 1, 2016 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings as to the evidence Nos. 1 and 4 of the judgment as to the cause of the claim, the facts in the separate sheet are acknowledged (However, the obligee, the obligor, and the defendant), barring special circumstances, the Defendant is obligated to pay the Plaintiff the money stated in the claim.

2. The Defendant’s argument regarding the Defendant’s assertion that the obligation against the Plaintiff was extinguished by the lapse of five years of extinctive prescription. However, according to the evidence Nos. 2 and 1 and 2, the Credit Guarantee Fund, the transferor of credit, filed a lawsuit against the Defendant seeking the payment of the instant loan against the Defendant and received a favorable judgment on June 20, 2006, and the said judgment can be recognized as having become final and conclusive on August 8, 2006, and the Plaintiff filed an application for the instant payment order on May 19, 2016, for which ten years have not passed since the Plaintiff applied for the instant payment order, the Defendant’s claim for the completion of extinctive prescription cannot be accepted.

3. The plaintiff's claim for conclusion is justified and accepted.

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