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(영문) 서울중앙지방법원 2018.12.13 2018가단5136771
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 148,645,833 and KRW 34,832,516 among them, from August 7, 2018 to the day of full payment.

Reasons

1. In full view of the whole purport of the pleadings, the facts constituting the ground for the claim can be acknowledged and there is no other counter-proof in the statement in Gap evidence Nos. 1 and 5.

2. Determination on the cause of the claim

A. According to the facts found by the Defendant as above, the Defendant is obligated to pay the outstanding loans and interest 113,813,813,33 won (34,832, 516, 813, 317) plus the principal 34,832,516 won (34,832, 516, 813, 317) at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 7, 2018 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case.

B. As to the Defendant’s assertion, the Defendant asserted that the extinctive prescription has expired at the time ten years have elapsed since the claim against the Defendant by the Plaintiff against the Defendant of C Co., Ltd. was established on March 18, 2003 with respect to KRW 25,060,000,000, as to the claim against the Defendant of C Co., Ltd., which the Plaintiff acquired, on April 18, 2003, since the claim was established on April 18, 2004, respectively, and thus, in full view of the purport of the pleading in the evidence No. 5, the fact that the payment order No. 2010, Jul. 7974, 2010 against the Defendant, for which C Co., Ltd applied for the payment of principal and interest of the above claim against the Defendant, became final and conclusive on October 5, 2010. The Defendant’s assertion that the said claim against the Defendant expired by prescription is without merit.

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

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