양수금
1. The defendant shall pay to the plaintiff KRW 31,389,894 within the limit of KRW 39,060,000 and shall also pay to the plaintiff the full amount from June 4, 2005.
1. The Seoul Central District Court Decision 2005Ma78450 decided July 21, 2005 that "the defendant shall pay to the non-party company 31,389,894 won and its amount at the rate of 20% per annum from June 4, 2005 to the day of full payment," which was finalized on September 6, 2005, to the effect that "the defendant shall pay to the non-party company 39,060,000 won and its amount at the rate of 31,389,894 won per annum from June 4, 2005."
(2) On October 20, 2010, the non-party company transferred each of the previous judgment claims to the Plaintiff on October 11, 2013, and the assignment of claims was lawfully notified. The non-party company transferred the previous judgment claims to the Plaintiff on October 11, 2013.
[Grounds for recognition] Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. Determination
A. According to the facts of the above recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 31,389,894 won and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 4, 2005 to the date of full payment.
B. The defendant's defense of this case asserts that the defendant has no obligation to respond to the above claim since the extinctive prescription of the previous judgment claim of this case has already expired.
However, as seen earlier, the previous judgment ordering the Defendant to pay the previous judgment amount of this case became final and conclusive, the Defendant cannot assert the completion of extinctive prescription prior to the date of closing of argument in the previous judgment in this case, and the extinctive prescription was extended to ten years from September 6, 2005, which is the date of closing of argument in the previous judgment.
In addition, considering the whole purport of the argument in the statement No. 6 of the evidence No. 6, the non-party company is 10 years above.