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(영문) 서울중앙지방법원 2016.08.17 2016가단5117134
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 76,00,487 and KRW 37,604,562 among them from January 25, 2016.

Reasons

1. The Plaintiff is obligated to pay damages for delay calculated at the rate of 17% per annum from January 25, 2016 to the day following the date of final payment of interest, to KRW 7,600,487 in total, and to pay damages for delay calculated at the rate of 17% per annum from January 25, 2016 to the day of full payment of the principal and interest of KRW 28,615,367 in Gohap Credit Union and its principal and interest of KRW 13,964,908 in the principal and interest of KRW 13,00,48 (including additional numbers). The Defendant B is jointly and severally with Defendant A to pay damages for delay calculated at the rate of 17% per annum from January 25, 2016 to the day of full payment of the principal and interest of KRW 28,615,367 in the principal and interest of KRW 13,964,908 in the principal and interest of KRW 13650% per annum.365% per annum

2. As to the defendants' defenses, the defendants set up a defense that the plaintiff's claim against the defendant was extinguished by prescription. However, according to the evidence Nos. 4 through 7 (including the provisional number), the defendant's claim against the defendant A, for whom the payment order was issued on April 30, 2007 by requesting the defendant A to issue a payment order on the claim No. 2007 tea566 with regard to the claim No. 1 of the claim specification No. 1 of the attached Form No. 1, which is the cause of the claim, and the payment order was issued on May 15, 2007, and the above payment order became final and conclusive on May 15, 2007. (2) The Husan Credit Union requested the defendants to issue a payment order on February 16, 2006 to the defendant under the attached claim No. 2 of the claim specification No. 1 of the attached Form No. 2. 2006 tea281, and the above agricultural cooperative's order becomes final and conclusive on March 3.

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