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(영문) 전주지방법원 2019.11.20 2019가단22434

양수금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 126,347,877 and KRW 46,292,450, whichever is applicable, from July 9, 2019 to the day of full payment.

Reasons

1. Indication of claims: They shall be as generated from the grounds for the claims in annexed Form;

(B) The term "creditor" means the plaintiff, and the term "debtor" means the defendant, respectively. 2. Judgment to recommend confession (Article 208 (3) 2, the main text of Article 150 (3) and the main text of paragraph (1) of the Civil Procedure Act)

3. The Defendant’s judgment on the claim for the extinction of prescription (the Defendant asserts to the effect that the extinctive prescription of the claim for the amount of money transferred to the Plaintiff as the cause of the instant claim had already been completed on or around January 28, 2017. However, according to the Plaintiff’s claim’s statement, the D organization, the transferor of claims, filed a lawsuit against the Defendant around September 9, 2009, and won the entire judgment (the judgment 2009Da13936) in this court. As long as the Plaintiff filed the lawsuit in this case before the lapse of 10 years after the judgment became final and conclusive, it cannot be deemed that the progress of the extinctive prescription was lawfully interrupted and the Defendant’s obligation for the money transferred to the Plaintiff cannot be deemed to have expired after the lapse of the extinctive prescription period. Accordingly, the Plaintiff’s argument that this issue is legitimate, and thus, the Defendant’s claim cannot be accepted).