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(영문) 서울중앙지방법원 2019.10.11 2019가단5191591
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 103,673,624 and KRW 28,326,114 from June 27, 2019 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. The defendant received 1,54,52 won in total as of July 15, 2004 19,554,552 won in general loan of 48,212,659 won in total as of July 15, 2004 11,50,722 won in 23,353,722 won in 333 credit card 33,722 won in total, 58,268 won in general loan of 444,268 won in 204, 11,767,767,211 won in 230,750 won in 15,740, 364, 165 won in total, 365 won in general loan of 204, 158, 368 won in general loan of 4D bank as of September 30, 204, 11731, 294, 1305 won in general loan of 34.

(2) The Plaintiff acquired each of the above claims, and applied the overdue interest rate of 17% per annum, which is the lowest interest rate among the overdue interest rates in a financial institution, and applied 15% per annum from January 1, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 7, purport of whole pleading

B. According to the above facts of recognition, the defendant is obligated to pay the principal and interest of each of the above claims to the plaintiff, unless there are other special circumstances.

2. Judgment on the defendant's defense

A. The defendant's defense against the defendant is proved to have been extinguished by the extinctive prescription of each of the above claims.

B. (1) Determination (1) The fact that the claim No. 5 stated in the above table No. 5 was due on January 21, 2004 is no dispute between the parties. Since it is apparent in the record that the Plaintiff’s lawsuit in this case was filed on July 10, 2019, the statute of limitations has already expired prior to the filing of the lawsuit in this case.

Therefore, the defendant's above defense is justified.

(2) In full view of each of the claims Nos. 2 and 7 as indicated in the above table Nos. 1 through 4, the Plaintiff requested a payment order against the Defendant regarding each of the claims listed in the above table Nos. 1 through 3, and the payment of each of the above claims.

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