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(영문) 서울남부지방법원 2017.05.23 2016가단236326
양수금
Text

1. The defendant shall pay 133,00,000 won to the plaintiff and 28% per annum from December 11, 2004 to the day of complete payment.

Reasons

1. In full view of the arguments in Gap evidence Nos. 1 through 9 and evidence Nos. 11, as a whole, the bankrupt credit cooperative Eul filed a lawsuit against the defendant ( Daegu District Court Decision 2006Gadan76498) to grant a loan to the trustee in bankruptcy on August 25, 2006, and "the defendant was entitled to receive 133,000,000 won out of 10,000 won from November 30, 2004 for the plaintiff, 50,000 won from December 11, 2004 to 73,00,000,000 won from each of the above evidence Nos. 11, 200 won to the defendant, each of whom the judgment became final and conclusive on November 11, 2004 to the defendant, and each of which was assigned to the defendant with 28% interest per annum from the date of full payment (No. 11, 2015).

According to the above facts, the defendant is obligated to pay to the plaintiff 13,00,000 won and 28% interest per annum from December 11, 2004 to the date of full payment, as claimed by the plaintiff, within the scope of the above final and conclusive claims, unless there are special circumstances.

2. As to the defense, the Defendant asserted that the statute of limitations for the Plaintiff’s claim was expired on August 9, 2016, when the original loan maturity was December 11, 2004, and ten years passed thereafter.

In contrast, Article 165(1) of the Civil Act provides that "The period of extinctive prescription of a claim established by a judgment shall be ten years, even if it constitutes the short-term extinctive prescription."

According to Paragraph (1), since the plaintiff's claim was finalized by a judgment rendered on August 25, 2006 by the court below and rendered on August 25, 2006, the statute of limitations can be completed after August 25, 2016, and the records of this case are examined.

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