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(영문) 서울중앙지방법원 2018.08.16 2018가단5030828
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 132,184,91 and KRW 49,291,866 among them, from January 18, 2018 to the day of full payment.

Reasons

1. In light of the whole purport of the pleading in each of the statements in Gap evidence Nos. 1 and 5 (including those with a serial number), the facts constituting the ground for the claim can be acknowledged and there is no counter-proof.

2. Determination on the cause of the claim

A. According to the facts found by the Defendant’s above recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 49,291,866 and the interest on KRW 82,893,045 with interest on KRW 132,184,91 and the principal amount of KRW 49,291,866 from January 18, 2018 to January 17, 2018 with interest on KRW 15% per annum.

B. The defendant's assertion asserts that the plaintiff's claim transferred has expired due to the completion of prescription.

The plaintiff asserts that the extinctive prescription of the above claim was suspended, and that the prescription has not been completed.

According to the evidence of evidence Nos. 1 and 2, ① the Defendant approved the Defendant’s obligation with respect to the claims described in the classification of claims No. 1 through 4 of the claim specification table, and promised to repay the claims in 96 installments from April 26, 2011 to March 26, 2019. Since then on May 30, 2013, the Defendant lost its benefit within a period of time on August 30, 2013 pursuant to the request for debt approval and readjustment and commitment, and ② Claim No. 5 and Claim No. 6 as indicated in this case’s claim No. 5 and the creditor’s claim No. 201, Sept. 6, 2012, the Defendant filed a lawsuit against the Defendant on Oct. 18, 2012, and each of the above claims no longer than 20 days after the lapse of the extinctive prescription period of time as indicated in the evidence No. 2138, Dec. 21, 2012.

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