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(영문) 서울중앙지방법원 2016.11.16 2016가단5169326

양수금

Text

1. The defendant shall pay to the plaintiff 14,660,899 won and 32,799,963 won among them, from May 31, 2016 to the day of complete payment.

Reasons

1. Determination as to the cause of the claim (Provided, That the creditor is the plaintiff, the debtor is the defendant) is liable to pay to the plaintiff 14,60,89 won in total amount of principal and interest, and damages for delay calculated at the rate of 17% per annum from May 31, 2016 to the day of full payment, since there is no dispute between the parties, or in full view of the purport of Gap evidence Nos. 1 to 5 and the whole arguments.

2. As to the defendant's defense, the defendant asserted that the plaintiff's claim for reimbursement was extinguished by prescription or that part of the credit card price that the plaintiff received by transfer was paid on or around 2001. However, according to the evidence No. 2, the plaintiff filed a lawsuit against the defendant for payment of the above amount under the defendant's credit card No. 2006da15878, Aug. 23, 2006 and the above judgment became final and conclusive after winning the lawsuit against the defendant on August 23, 2006. The lawsuit of this case was filed before the lapse of 10 years thereafter, and the fact of repayment on or around 2001, which the defendant asserted, is insufficient to recognize only the statement of evidence No. 1, and there is no other evidence to acknowledge it, and it is contrary to the res judicata effect of the above judgment, and therefore the defendant's defense is all without merit.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.