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(영문) 서울중앙지방법원 2016.11.23 2016가단5228591
양수금
Text

1. The defendant shall pay to the plaintiff 126,587,796 won and 37,295,890 won among them, from August 26, 2016 to the day of full payment.

Reasons

1. Determination as to the cause of the claim (Provided, That the creditor is the plaintiff, the debtor is the defendant) is liable to pay to the plaintiff 17% interest per annum from August 26, 2016 to the day of full payment, as the defendant is liable to pay to the plaintiff 126,587,796 won in total of principal and interest, and damages for delay calculated at the rate of 17% per annum from August 26, 2016 to the day of full payment of principal and interest.

2. As to the defendant's defense, the defendant asserted that the plaintiff's claim for the takeover amount was extinguished by prescription. However, according to the evidence evidence No. 7, the Gwangju Bank, which transferred the plaintiff's claim, applied for a payment order against the defendant for the payment of the above loan, etc. under the Gwangju District Court 2006 tea144, and applied for the payment order on October 30, 2006 and the original copy of the payment order was served on the defendant on November 14, 2006, and the above payment order became final and conclusive on November 14, 2006. Since the defendant's defense was filed prior to the expiration of ten years thereafter,

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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