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(영문) 서울중앙지방법원 2017.11.15 2017가단5115296

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 179,205,215 and the amount of KRW 63,574,976 from April 28, 2017 to the date of full payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 7 and the purport of the whole pleadings

B. As to this, the defendant asserts that the extinctive prescription of each of the instant claims has expired.

However, according to the above evidence, the judgment of Changwon District Court Decision 2006Da70731, etc. as to the claim of Gyeongnam Bank became final and conclusive on September 8, 2007, and the judgment of Changwon District Court 2007Kadan30402 as to the claim of Gyeongwon Livestock Bank became final and conclusive on December 28, 2007. Thus, since the payment order of this case was applied on May 12, 2017, the ten-year extinctive prescription period, the defendant's assertion is not acceptable.

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.