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(영문) 서울중앙지방법원 2016.09.20 2016가단5090741
양수금
Text

1. The defendant shall pay to the plaintiff 125,53,609 won and 38,221,051 won among them, from March 1, 2016 to the day of full payment.

Reasons

1. The facts stated in the attached Form No. 1, which the plaintiff asserted as the cause of the claim in this case, do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings in each entry in the evidence No. 1, No. 7.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff who acquired the claim of the first financial institution (the National Bank of Korea) at the rate of 17% per annum under the agreement as to KRW 125,533,609 and KRW 38,221,051 out of the balance of principal and interest, and damages for delay calculated from March 1, 2016 to the day of full payment.

2. The defendant's defense is defense that the plaintiff's claim of this case expired due to the expiration of the extinctive prescription. However, in full view of the whole purport of the arguments in the above evidence, since the national bank, which is the transferor of the claim, filed a lawsuit claiming a loan against the defendant under Seoul Central District Court Decision 2005Da357283, which was sentenced in favor of the defendant on April 21, 2006, it can be recognized that the above judgment became final and conclusive around that time, the extinctive prescription was interrupted and it

However, the fact that the Plaintiff, who acquired the above claim, filed the lawsuit of this case on March 9, 2016, prior to the lapse of ten years from the date when the above judgment became final and conclusive, is apparent in the record, and thus, the Defendant’s defense of extinctive prescription is without merit.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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