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(영문) 서울중앙지방법원 2020.05.22 2020가단5036874
양수금
Text

1. The defendant shall pay to the plaintiff KRW 100,00,000 and KRW 32,974,440 among them, from February 1, 1998; and KRW 25,970,298.

Reasons

The cause of the instant claim is the same as the entry of the grounds for the instant application (Provided, That the “creditor” is the “Plaintiff”, “debtor” is the “Defendant”, and the payment order was finalized against “A”), and it can be acknowledged in full view of the purport of the entire pleadings in each entry of evidence Nos. 1 through 3 (including the number of branch numbers where there is a serial number), or there is no dispute between the parties as to the facts of the instant claim, and the instant lawsuit is instituted for the interruption of the extinctive prescription of claims based on the final judgment.

Therefore, the defendant, barring special circumstances, has the duty to pay 10,00,000 won and 32,974,440 won among them, 25,970,298 won from January 16, 1998; 20,061,049 won from January 24, 1998; 10,030,524 won from January 24, 1998; 3,034,233 won from March 7, 1998; 3,009,157 won from March 5, 1998 to April 198; 9% from the day following the day of complete payment; and 9% from the day of complete payment to 3,09,157 won per annum; and 9% per annum from the day of full payment to 19,98% per annum; and 9% per annum from the day of full payment to 19,998 won per annum.

Meanwhile, the defendant asserted that D, as the representative of the defendant, has made efforts to repay the defendant's debt after the defendant's default on March 9, 1998, but eventually failed to repay the defendant's debt, and that there is no means to reorganize the defendant's debt and to repay the debt, but it is difficult to reject the plaintiff's claim of this case against the defendant merely by the above assertion.

If so, the plaintiff's claim is reasonable and acceptable.

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