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(영문) 광주지방법원 2018.06.15 2017가단520081

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 71,431,259 and the amount of KRW 18,094,787 from April 11, 2007 to the date of full payment.

Reasons

1. The facts in the separate sheet No. 1., 2., and 3 as to the cause of the claim do not clearly dispute the defendant. Thus, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 25% per annum from April 11, 2007 to the date of full payment for KRW 71,431,259, and KRW 18,094,787, which are determined by the judgment, to the amount of KRW 29% per annum from April 11, 2007 to the date of full payment for KRW 15,961,513.

2. The Defendant’s assertion that the Defendant’s claim for the right to claim the transfer-price expired by prescription. As to this, the Plaintiff asserted to the effect that the Plaintiff’s claim for this case’s claim is a claim established by judgment, the extinctive prescription of the claim established by judgment under Article 165(1) of the Civil Act is ten years. As recognized earlier, as the Plaintiff filed a lawsuit against the Defendant on August 31, 2007 against the Defendant and rendered a favorable judgment on August 31, 2007, and became final and conclusive around that time. The fact that the Plaintiff applied for the instant payment order on July 21, 2017, which was ten years after the date when the said judgment became final and conclusive, is apparent in the record, and thus, the extinctive prescription of the Plaintiff’s claim for the transfer-price against the Defendant was interrupted.

Therefore, the defendant's defense is without merit.

3. Conclusion, the plaintiff's claim of this case is reasonable and acceptable.