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(영문) 서울중앙지방법원 2017.07.18 2017가단5006897
양수금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 63,919,057 and KRW 27,354,826 among them, from October 20 to the date of full payment.

Reasons

In full view of each of the statements and the purport of the entire arguments as stated in Gap evidence Nos. 1 through 12, since it is recognized that the same cause of claim is recognized as "the plaintiff" and "debtor" as "the defendant", the defendant is liable to pay the plaintiff the unpaid principal and interest and delay damages, as described in paragraph (1) of this Article.

Although the Defendant asserts to the effect that “the five-year extinctive prescription for each of the instant claims has expired,” in full view of the purport of the entire pleadings in the statement in No. 8, the Plaintiff and the Credit Counseling and Recovery Commission entered into an agreement on debt settlement for each of the instant claims around around 2007 and around 2008, and the said agreement may be acknowledged as having expired on November 7, 201 due to the Defendant’s delinquency.

It is reasonable to regard the debt adjustment agreement as the initial date of the extinctive prescription on November 7, 201 when it became invalidated, and since the lawsuit in this case was filed before five years elapse from that time, the defendant's above assertion is without merit.

If so, the plaintiff's claim is reasonable and acceptable.

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