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(영문) 서울중앙지방법원 2017.08.16 2017가단5084569
대여금
Text

1. The defendant shall pay to the plaintiff KRW 573,570,259 as well as KRW 412,00,000 from January 13, 2017 to the day of full payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the "creditor" is deemed to be the "defendant" for the plaintiff and the "debtor". 【The grounds for recognition】 Each entry and the purport of the whole pleadings in the evidence Nos. 1 to 7

B. As to the Defendant’s assertion 1, the Defendant asserted that there was no unpaid interest prior to the receipt by the Plaintiff of the notice that each of the instant loan agreements will be terminated, and that no interest liability exists after the termination of the agreement. However, there is no evidence to acknowledge that each of the instant loan agreements has been terminated, as alleged by the Defendant, and only can it be recognized that the interest payment was overdue from November 201, 2013. 2) The Defendant asserted that the period of each of the instant loan agreements has expired.

However, comprehensively taking account of the overall purport of the arguments in Gap evidence No. 7, the defendant paid interest on each of the loans of this case until October 2013 and lost the benefit of time on December 16, 2013 from the date of delinquency from November 2013 to December 16, 2013. Thus, the claim that the statute of limitations has expired since the payment order of this case was filed on February 8, 2017, which was before five years have passed from the date of the application, cannot be accepted.

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.

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