양수금
1. The defendant shall pay to the plaintiff the amount of KRW 118,49,309 and the amount of KRW 33,793,354 from September 18, 2018 to the date of full payment.
1. In full view of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 and 3, the judgment was rendered on Nov. 28, 2008 that "the defendant shall pay to the non-party company 42,295,763 won and 33,793,354 won a year from Apr. 1, 2005 to the day of full payment," and the above judgment became final and conclusive on Jan. 8, 2009, the plaintiff received the above claim from the non-party company and notified the defendant of the delegation of the power of assignment of claims from the non-party company at that time, and the plaintiff filed the lawsuit of this case in order to suspend the statute of limitations of claims finalized by the above final judgment.
2. If so, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum to the Plaintiff, the transferee of the claim based on the above final judgment (i.e., remaining principal of KRW 33,793,354, overdue interest of KRW 84,705,955, and September 17, 2018), and the remaining principal of KRW 33,793,354, which is the day following the above base date, to the day of full payment from September 18, 2018 to the day of full payment, as calculated at the rate of 15% per annum to the Plaintiff.
In regard to this, the Defendant’s defense to the effect that the above claim had expired by prescription, but on September 19, 2018, before the lapse of 10 years from January 8, 2009, before the above judgment became final and conclusive, it was apparent that the Plaintiff filed an application for the instant payment order, and thus, the said statute of limitations was interrupted.
Therefore, the defendant's above defense is without merit.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.