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(영문) 서울중앙지방법원 2016.02.04 2015가단5244015
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 54,445,818 and KRW 32,586,198, 17% per annum from July 21, 2015 to the date of full payment.

Reasons

1. The facts stated in the separate sheet of claim for the determination of the cause of claim do not conflict between the parties, or can be acknowledged by taking into account the respective descriptions in subparagraphs A and C and the whole purport of pleadings, and there is no counter-proof.

In regard to this, the defendant asserts that the five-year statute of limitations has lapsed as commercial claims.

In full view of the statements in the evidence Nos. 4-1, 2, and 5-1 through 6, the Korea Development Bank Co., Ltd. (hereinafter “Cmat Bank”) leased KRW 30 million to the Defendant on April 30, 2010 for a lending period of three years; the Korea Development Bank Co., Ltd. (hereinafter “Korea Development Bank”); on December 29, 2006, the Korea Development Bank Co., Ltd. (hereinafter “Korea Bank”); on December 28, 2007, the expiry date of the lending period was set as December 28, 2007 and lent KRW 100 million to the Defendant; on January 29, 2010, the expiration date of the lending period was extended on December 24, 2010 with the Defendant’s consent; and on January 29, 2013, the Plaintiff extended the lending period to the Defendant on December 24, 2010.

6. In July 5, 2013, the fact that the Plaintiff received each of the above loans from the Bank against the Defendant on July 5, 2013 can be acknowledged, and there is no counter-proof, and the fact that the Plaintiff filed the instant lawsuit on July 21, 2015 is apparent in the record.

According to the above facts, it is clear that the lawsuit in this case was brought since five years have not elapsed since the expiration date of the lending period of the CT Bank and the expiration date of the lending period of the Bank. Thus, the defendant's above assertion is without merit.

2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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