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(영문) 서울중앙지방법원 2016.11.30 2016가단5202629
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff and the debtor is the defendant) is not disputed between the parties, or can be recognized in full view of the entries in Gap evidence Nos. 1 and 4 and the purport of the whole pleadings. Thus, the defendant is liable to pay to the plaintiff the total amount of interest 276,064,436 won and the damages for delay as to the principal amount of interest 97,140,410 won among them, barring special circumstances

2. The defendant's defense is proved to have expired the credit of Red Community Credit Cooperatives's loan claims. Thus, in full view of the facts stated in Gap evidence No. 4, and the whole purport of the arguments in the order to submit financial transaction information to the Red Community Credit Cooperatives in this court against the defendant, who is non-member on April 23, 2003, the Red Community Credit Cooperatives set the due date for payment as of April 23, 2005. The Red Community Credit Cooperatives has partially repaid the principal and interest of the loan on August 21, 2006 through the Suwon District Court B real estate auction procedure, etc. The plaintiff who received the above loan claims against the defendant on August 26, 2006 can be recognized as having been processed as bad debt on August 22, 2006. The plaintiff who received the above loan claims against the defendant from Red Community Credit Cooperatives payment order as of August 26, 2006.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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