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(영문) 서울중앙지방법원 2017.12.13 2017가단5194695
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 340,343,806 and the amount of KRW 92,651,915 from August 25, 2017 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings in the evidence No. 1 to 5 of the judgment as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1 of this Decree.

2. The defendant's assertion pointing out that since the extinctive prescription for the claim of this case has expired, the defendant cannot accept the plaintiff's claim.

According to each of the above evidence: (a) the Defendant borrowed KRW 370 million from a new bank (hereinafter “new bank”) around December 5, 2002 at the transaction time limit; and (b) on November 7, 2007, the new bank applied for an order to pay the principal and interest of loans under this Court Order No. 2007 tea83249, Nov. 7, 2007; and (c) the Defendant applied to the new bank for an order to pay the principal and interest of loans of KRW 178,532,936 and its total amount of KRW 92,69,964 from September 29, 2007 to December 4, 2007; and (d) on December 19, 2007, the following day to the effect that the payment order was made at the rate of 19% per annum.

The fact that the lawsuit of this case was brought on September 20, 2017 before the ten-year extinctive prescription under Article 165(1) of the Civil Act from the date on which the above payment order became final and conclusive is clearly recorded, and the defendant's assertion of extinctive prescription is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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