(영문) 부산지방법원동부지원 2019.03.21 2018가단214458 (1)

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(영문) 부산지방법원동부지원 2019.03.21 2018가단214458 (1)

양수금

Text

1. The defendant shall pay to the plaintiff 130,113,005 won and 36,958,199 won among them, from June 28, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. B limited liability company filed a lawsuit against the defendant as the Incheon District Court Decision 2008Da34346, and on July 16, 2008, the defendant was sentenced to the judgment of the above court that "6,350,496 won and 36,958,199 won which are calculated at the rate of 17% per annum from March 2, 2008 to the date of full payment," and the above judgment became final and conclusive on August 7, 2008.

B. On January 26, 2018, B Co., Ltd.: (a) “The instant claim” refers to “the instant claim.”

C. As of June 27, 2018, the sum of the principal and interest of the instant claim as of June 27, 2018 is KRW 130,113,005 (the interest of KRW 36,958,199 in interest of KRW 93,154,806 in interest of KRW 36,99). [The respective descriptions of subparagraphs 1 and 2 in the grounds for recognition, and the purport of the entire pleadings.]

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the money stated in the purport of the claim to the plaintiff who acquired the claim of this case.

B. Since the Defendant’s defense regarding the defense of the extinction of prescription is proved to have extinguished by the statute of limitations, it was proved that the Defendant’s claim of this case (as to the claim of this case) was extinguished by the statute of limitations, the above statute of limitations was interrupted since the judgment on the takeover amount of the claim of this case (In Incheon District Court 2008Da34346, August 7, 2008) became final and conclusive on August 7, 2008. However, on the other hand, it is apparent that the Plaintiff applied for the payment order of this case on July 4, 2018, which was before the lapse of

Therefore, the defendant's defense is not justified.

3. In conclusion, the plaintiff's claim against the defendant is reasonable, and it is so decided as per Disposition.

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