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(영문) 서울중앙지방법원 2016.11.30 2016가단99026

양수금

Text

1. The defendant shall pay 43 million won to the plaintiff and 20% per annum from May 12, 2006 to the day of complete payment.

Reasons

According to Gap evidence Nos. 1 through 3, the plaintiff filed a lawsuit against the defendant with Seoul Central District Court 2006da14164 and filed a lawsuit with the defendant on July 19, 2006, and the defendant paid to the plaintiff 43 million won and the amount calculated at the rate of 20% per annum from May 12, 2006 to the date of complete payment.

The judgment was rendered, and the above judgment can be recognized as the facts established on August 18, 2006. Thus, the defendant is obliged to pay the above judgment to the plaintiff.

In regard to this, the Defendant asserted to the effect that the extinctive prescription of the claim for adjudication was expired since the Plaintiff filed the lawsuit in this case ten years after the date when the judgment was sentenced. However, Article 178(2) of the Civil Act provides that the statute of limitations suspended due to a judicial claim shall commence anew from the time when the judgment became final and conclusive, and the fact that the extinctive prescription has been interrupted pursuant to Article 265 of the Civil Procedure Act by filing the lawsuit in this case on August 16, 2016, for which ten years have not passed since the said judgment became final and conclusive on August 18, 2006, and that the said claim for adjudication has not been completed.

Therefore, all of the plaintiff's claims are accepted.