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(영문) 창원지방법원진주지원 2019.11.12 2019가단37249
양수금
Text

1. The Defendant’s annual interest in KRW 470,741,020 and KRW 195,116,050 among the Plaintiff, from August 9, 2019 to August 27, 2019.

Reasons

According to the statements in Gap evidence Nos. 1 through 8, the defendant obtained a loan of KRW 194,700,000 from D organizations on June 13, 2008 (the repayment period October 10, 2009). The plaintiff acquired the above loan claim from D organizations on June 24, 2014, and each fact that the above loan amount reaches the principal and interest amount as of August 8, 2019, and according to the above facts, the defendant is obligated to pay the above principal and interest to the plaintiff.

In this regard, the defendant asserted that "the above loan claims were extinguished by the prescription period," and it is recognized that the period of commercial prescription has expired for five years from the date of the execution of the above loan, but according to the written evidence No. 7 and No. 8, it can be recognized that the D organization applied for a payment order against the defendant before the expiration of the above prescription period, and the payment order was issued and finalized. Thus, the above defense is without merit.

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