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(영문) 서울동부지방법원 2016.02.19 2014가단111246

양수금

Text

1. The defendant shall not exceed KRW 49,096,822 within the limit of KRW 384,000,000 for the plaintiff and KRW 42,243,542 among them. < Amended by Presidential Decree No. 1850, Oct. 14, 2004>

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff’s cause of the claim is as shown in the attached Form, which can be acknowledged in full view of the facts that there is no dispute or no clear dispute, the entries in Gap’s evidence Nos. 1 through 6 (including additional numbers), and the purport of the entire pleadings.

Therefore, the defendant is obligated to pay to the plaintiff 49,096,822 won with a total of the principal and interest of 384,000,000 won and delay damages at the rate of 20% per annum from October 14, 2004 to the date of full payment of the principal and interest of 42,243,542 won.

B. The defendant's assertion argues that since the defendant's last repayment of the plaintiff's claim was filed more than five years after the lapse of five years from 2003, the plaintiff's claim was extinguished by prescription.

In full view of the statements and the purport of the evidence No. 6 of this case, it is evident that the social company, which took place, filed a lawsuit against the defendant on December 7, 2004 by the Seoul Central District Court 2004Kadan301832, and received the same judgment as the order of this case (hereinafter “the preceding judgment”), and the above judgment becomes final and conclusive on December 30, 2004. It can be recognized that the above judgment became final and conclusive on December 30, 2004. According to Article 165(1) of the Civil Act, the claim established by the judgment falls under the short-term extinctive prescription, even if it falls under the short-term extinctive prescription period, it is clear that the plaintiff applied for the payment order of this case on March 21, 2014, which is ten years after the date of the final and conclusive judgment of this case. Thus, the extinctive prescription of the claim based on the preceding judgment of this case is not completed.

Therefore, the defendant's defense is without merit.

2. Conclusion, the plaintiff's claim of this case is justified and acceptable.