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(영문) 서울중앙지방법원 2018.06.11 2018가단5063125

양수금

Text

1. The defendant shall pay to the plaintiff KRW 113,837,655 and KRW 34,127,430 among them, from February 23, 2018 to the date of full payment.

Reasons

1. The grounds for filing a claim shall be as specified in attached Form;

(However, “creditor” is changed to “Plaintiff”, and “debtor” is changed to “Defendant”. [The ground for recognition: the fact that there is no dispute, and the purport of the entire pleadings and arguments as stated in the evidence Nos. 1 and 2]

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 113,837,655 and the amount of KRW 34,127,430, whichever is the principal, to the Plaintiff at the rate of 15% per annum as the Plaintiff seeks from February 23, 2018 to the date of full payment.

B. The defendant asserts that the above transfer-price claim has expired five years after the expiration of the commercial prescription period.

However, as seen earlier, the Plaintiff filed a lawsuit against the Defendant with Busan District Court 2007Kadan16203, which sought the payment of the above transfer money claim, and was sentenced to a favorable judgment from the above court on April 29, 2008. Since the above judgment became final and conclusive around that time, the statute of limitations for the above transfer money claim was interrupted.

Meanwhile, the period of prescription interrupted is newly run from the time when the above judgment became final and conclusive (Article 178(2) of the Civil Act); however, even if the claim established by the judgment falls under the short-term extinctive prescription, the extinctive prescription becomes ten years (Article 165(1) of the Civil Act); and the fact that the Plaintiff filed the instant lawsuit on February 23, 2018, which was ten years after the date when the judgment became final and conclusive, is obvious in records.

Therefore, the defendant's argument is without merit.

3. Conclusion, the plaintiff's claim of this case is justified and accepted.