(영문) 서울중앙지방법원 2015.01.08 2013가단5110989

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(영문) 서울중앙지방법원 2015.01.08 2013가단5110989

양수금

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1. The defendant shall pay 22,623,685 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. According to each description of Gap evidence Nos. 1 through 6 (including provisional number attachment; hereinafter the same shall apply) as to the cause of the claim, the facts in the separate sheet as to the cause of the claim (Provided, That the "creditor" shall be deemed to be the "Plaintiff" and the "debtor" to be the "Defendant") may be acknowledged.

Therefore, the defendant is obligated to pay the money stated in Paragraph 1 of this Article to the plaintiff.

2. Judgment on the defendant's assertion of extinctive prescription defense

A. The Defendant’s assertion that the Plaintiff claimed the instant claim is interest claim, and the Defendant’s final repayment of the principal of the instant loan was completed on August 25, 201, which was three years after August 25, 2008.

B. (1) In full view of the facts acknowledged as Gap evidence Nos. 1 through 4 and evidence Nos. 6, the plaintiff applied for an auction of real estate rent on the land and buildings owned by Gwanak-gu in Seoul Special Metropolitan City as collateral for the collection of principal and interest of the loan of this case, and received dividends of KRW 585,00,000 on June 3, 200, which is the date of distribution of the above case, on October 12, 2010. The plaintiff's claim against the defendant as at the date of the above date of distribution was 45,201,843 won, delayed payment damages of KRW 171,741,234 won, delayed payment damages of KRW 585,00,00,00 for the loan of this case as collateral for the collection of principal and interest of this case, according to the order of appropriation of dividends No. 390,742,578,475,147, 1975, etc. of the loan agreement, which was set out.

(2) According to the above facts of determination, it is unfavorable for the Plaintiff to repay the money distributed in the auction procedure of this case to the Defendant in the order of principal, agreed interest, and delay damages.

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