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(영문) 서울중앙지방법원 2016.01.12 2015가단5344403
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 69,247,560 and the interest rate of KRW 17% per annum from October 6, 2015 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The facts in the reasons for the claim, however, that “creditor” is deemed to be the Plaintiff’s “C,” and “Defendant”, and that there is no dispute between the Plaintiff and the Defendant, or that the entire purport of the pleadings may be comprehensively considered in the entries in the evidence Nos. 1 through 6.

B. According to the above facts, the defendant is obligated to pay the money stated in the disposition to the plaintiff.

2. Judgment on the defendant's defense

A. As the Defendant filed the instant lawsuit on September 9, 2015 after five years from February 16, 2010, which was a decision to commence voluntary auction regarding the above loans, the period of prescription for commercial claims, which was five years from February 16, 2010, the Defendant asserted that the said claim against the Defendant expired by prescription.

B. On the other hand, according to the evidence as seen earlier, there was a decision to commence voluntary auction on February 16, 2010 regarding the above loans, and the distribution schedule of the above auction case became final and conclusive on October 22, 2010. The extinctive prescription period was interrupted on February 16, 2010 when the decision to commence voluntary auction was made in relation to the above loans, and the distribution schedule of the above auction case remains final and conclusive on October 22, 2010, and the distribution schedule became final and conclusive on October 22, 2010 once the distribution schedule became final and conclusive, and the lawsuit in this case is clearly recorded before the lapse of five years thereafter, and therefore, the defendant's defense is without merit.

3. Thus, the plaintiff's claim is accepted on the ground of its reasoning.

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