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(영문) 서울중앙지방법원 2018.06.11 2017가단5219716
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 121,73,241 and KRW 33,008,209 among them, from September 20, 2017 to the day of full payment.

Reasons

1. On or around May 13, 2005, the Plaintiff acquired claims, such as loans, against the Defendant from the Korea Asset Management Corporation, etc. on or before August 30, 2007. The Plaintiff received the Plaintiff’s winning on August 30, 2007 against the Defendant and B, with respect to KRW 52,210,721 and KRW 33,08,209, B, jointly and severally with the Defendant, paid the amount of KRW 37,76,037 out of the above money and KRW 23,20,00,00 from April 1, 2005 to the day of full payment, and KRW 17% per annum from the date of full payment, and KRW 37,20,00 among the above money, KRW 37,20,00 among the above money, KRW 388,881, KRW 208, KRW 37,208, KRW 209, KRW 37,29819,27.

Therefore, the defendant is obligated to pay to the plaintiff 121,73,241 won with 15% interest per annum from September 20, 2017 to the day of full payment.

2. The defendant asserts that the defendant's claim against the defendant for the defense of extinctive prescription expired by prescription.

However, if the purport of the entire pleadings is added to each of the above evidence, the Plaintiff filed a lawsuit against the Defendant on August 30, 2007, and recognized the fact that the judgment became final and conclusive on January 10, 2008. The fact that the Plaintiff applied for the instant payment order on October 13, 2017, which was ten years before the date when the above judgment became final and conclusive, is apparent in the record, and thus, the Plaintiff’s claim against the Defendant was not extinguished by prescription.

Therefore, the defendant's defense is without merit.

3. Conclusion, the plaintiff's claim of this case is justified.

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