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1. As to KRW 93,869,320 and KRW 31,005,650 among them, the Defendant shall pay to the Plaintiff the year from April 23, 2019 to May 2, 2019.
Reasons
The cause of the instant claim is the same as indicated in the “Cause of Claim” in the attached Form (However, the “creditor” shall be deemed to be the “Plaintiff,” the “debtor” to be the “Defendant,” and the “Claimant” to be the “Defendant,” and the evidence A1 to 9 may be acknowledged by considering the whole purport of the pleading.
In regard to the plaintiff's claim for reimbursement of the amount of reimbursement by subrogation against the defendant to whom the claim was transferred, the defendant asserted that the statute of limitations of the claim has expired since the period of payment was ten years since August 9, 2002.
However, in full view of evidence Nos. 5 and 6, C Union loaned KRW 37,27,935 to the Defendant as collateral, and when the Defendant was unable to pay the principal and interest of the loan, it can be acknowledged that the payment order (U.S. District Court 201j2637) was finalized on May 19, 201 by requesting a payment order to the Defendant on behalf of the Defendant on the ground of the Defendant on March 31, 2003, and that the payment order (U.S. District Court 201j2637) became final and conclusive on May 19, 201, since the statute of limitations was suspended due to the determination of the above payment order, and the Plaintiff’s claim for the transfer of the credit of this case was not passed since ten years have not elapsed thereafter.
Therefore, the defendant's defense is without merit.
Thus, the defendant is obligated to pay to the plaintiff 93,869,320 won and 31,005,650 won among them 12% per annum under the agreement from April 23, 2019 to May 2, 2019, 15% per annum from the next day to May 31, 2019, and 12% per annum from the next day to the day of full payment.
Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit.
(Amount of delay damages from June 1, 2019 to the date of full payment shall be amended on May 21, 2019.