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(영문) 서울중앙지방법원 2019.12.20 2019가단5200839

양수금(시효연장)

Text

1. The defendant shall pay to the plaintiff KRW 219,781,975 as well as KRW 100,000 among them, from May 16, 2009 to the day of full payment.

Reasons

The cause of the instant claim is the same as the entry of the grounds for the instant application (Provided, That the “creditor” shall be “Plaintiff”, “debtor” shall be “Defendant”, and the facts constituting such cause may be acknowledged in full view of the overall purport of the pleadings as to the entries in the evidence Nos. 1 and 2 (including the number of branch numbers where there is a serial number), and the instant lawsuit is a benefit of lawsuit as it was instituted for the interruption of the extinctive prescription of claims based on the final judgment.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 19% per annum from May 16, 2009 to the date of full payment of the principal and interest of the obligation amounting to KRW 219,781,975, and the principal amounting to KRW 100,000,000.

On the other hand, the defendant alleged that he was registered as the representative director of C Co., Ltd. (hereinafter "C") on September 2, 2002, but he did not attend at work or receive a monthly wage from C, and that he did not own C's shares.

However, it is difficult to reject the Plaintiff’s instant claim filed to interrupt the extinctive prescription of a claim based on a final judgment solely on the foregoing assertion.

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