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(영문) 서울중앙지방법원 2018.05.23 2018가단5019340
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 108,80,683 and the amount of KRW 35,876,517 from November 15, 2017 to the date of full payment.

Reasons

1. The facts in the separate sheet Nos. 1 and 2 (Provided, That the “creditor” is changed to “Plaintiff”, and “debtor” is changed to “Defendant”) are either disputed between the parties, or acknowledged by considering the whole purport of the pleadings in the separate sheet Nos. 1 and 2.

Therefore, the Defendant is obligated to pay to the Plaintiff 108,80,683 won, the balance of the principal and interest of the bonds recognized in the Seoul Central District Court Decision 2008Da37457, and 21% interest per annum from November 15, 2017 to the date of full payment.

2. The Defendant’s defense that the extinctive prescription has expired, but the above judgment was rendered on November 11, 2008 and confirmed on December 3, 2008 was remarkable in this court. The extinctive prescription period of the claim established by the judgment is ten years, and the Plaintiff applied for the instant payment order on November 20, 2017, which was ten years before the date when the said judgment became final and conclusive. Thus, the Defendant’s defense of the extinctive prescription is without merit.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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