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(영문) 서울중앙지방법원 2017.05.23 2017가단5014256
양수금
Text

1. The Plaintiff:

A. As to KRW 120,693,644 and KRW 32,235,470 among them:

B. Defendant B is the defendant A.

Reasons

1. In full view of the respective entries in the evidence Nos. 1 through 8 (including additional numbers) and the overall purport of the pleadings as to the cause of the claim, the Defendants are obligated to pay the Plaintiff the unpaid principal and interest and damages for delay, as stated in the separate sheet (However, “creditor” is deemed to be “Plaintiff” and “debtor” shall be deemed to be “Defendant”).

2. Judgment on the defendants' assertion

A. The defendants' assertion that the authenticity of Gap evidence Nos. 6, 7, and 8-1 is disputed. However, the defendants' assertion is without merit since the authenticity of Gap evidence Nos. 6 through 8 (including additional numbers) is established in full view of the purport of the whole pleadings.

B. The Defendants asserts to the effect that “the extinctive prescription for each of the instant claims has been completed”

In light of the overall purport of the arguments in Gap evidence Nos. 8 (including additional numbers), the defendants acknowledged each of the obligations of this case around February 28, 201, and re-re-resolutioned the claims with the plaintiff and the obligations, and filed the lawsuit of this case before five years elapse from the date of the final repayment. Thus, the defendants' assertion is without merit.

3. Conclusion, the plaintiff's claim is justified, and all of them are accepted.

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