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(영문) 서울중앙지방법원 2016.12.21 2016가단117238
양수금
Text

1. The defendant shall pay 65,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Since there is no dispute between the parties, or the facts of the cause of the claim can be acknowledged in full view of the entries in Gap evidence Nos. 1 through 5 and the purport of all pleadings, the defendant is obligated to pay to the plaintiff KRW 65 million,000,090,815 as joint and several surety of Eul Co., Ltd. and KRW 49,546,527, which is calculated at the rate of 20% per annum from December 1, 2007 to the date of full payment.

2. As to the defendant's defense, the defendant defenses that the above loan claim was extinguished by prescription. However, according to the evidence No. 5, the social company, which transferred the above loan claim to the plaintiff, filed a lawsuit against the defendant for the payment of the above loan which was acquired by the Seoul Central District Court 2007Da363800, and it can be acknowledged that the above judgment became final and conclusive around December 26, 2007. Since the defendant's defenses in this case were filed before the lapse of 10 years thereafter, the defendant's defenses in this case are eventually groundless.

(In addition, the defendant asserts that the bankruptcy petition is scheduled, but the reason why the defendant filed a petition for bankruptcy and the application for immunity does not cause any limitation on the exercise of the plaintiff's right in the lawsuit, so the defendant's above assertion is not reasonable). 3. Thus, the plaintiff's claim in this case is accepted due to its reason and it is so decided as per

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