양수금
1. The defendant shall pay to the plaintiff KRW 66,025,098 and KRW 22,931,950 among them, from April 20, 2016 to the day of full payment.
The defendant was sentenced to the Busan District Court on July 21, 2006 that "the defendant shall pay to the plaintiff 31,056,590 won and 18,150,687 won with 17% interest per annum from April 1, 2005 to the day of full payment." The above judgment became final and conclusive around that time, and the above judgment was made at the Busan District Court on March 27, 2009 with "the defendant shall pay to the plaintiff 8,974,578 won and 4,781,263 won with 17% interest per annum from April 1, 2005 to the day of full payment." The decision of the Busan District Court on April 27, 2009 that "the defendant shall pay to the plaintiff 8,974,578 won and 4,781,263 won with 17% interest per annum from April 1, 2005 to the day of full payment." The decision of the Busan District Court on April 257, 2006.
Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 66,025,098 (the sum of interest KRW 43,093,148 on the principal of KRW 22,931,950 from April 1, 2005 to April 19, 2016) and the amount of principal of KRW 22,931,950 per annum from April 20, 2016 to the date of full payment, and the lawsuit of this case filed for the purpose of the extension of prescription due to the expiration of the statute of limitations after each of the above rulings became final and conclusive, there is a benefit to protect rights.
In regard to this, the Defendant’s defense that each of the instant transfer-price claims of this case expired from September 10, 2001 to the expiration of the five-year commercial extinctive prescription period, which is the date on which the Defendant’s current account transaction was suspended, and thus, the period of extinctive prescription is extended to 10 years, even if the claim for which the judgment became final and conclusive falls under the short-term extinctive prescription period (see Supreme Court Decision 2009Da39530, Sept. 24, 2009). As such, the ten-year extinctive prescription period again
Since the fact that the Plaintiff filed a lawsuit on August 25, 2016, which was within 10 years from the date on which each of the above judgments became final and conclusive, the fact that the Plaintiff filed the lawsuit on the claim for the transfer-price is apparent in the record, each of the instant claim for the transfer-price has not expired