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(영문) 서울중앙지방법원 2016.07.20 2016가단5130908

양수금

Text

1. The defendant shall pay to the plaintiff 109,228,088 won and 27,855,529 won among them, from February 29, 2016 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. According to the statements in Gap evidence Nos. 1 and 6, the plaintiff acquired each of the claims against the defendant (hereinafter "each of the claims of this case"), and the plaintiff filed a lawsuit against the defendant for the claim against the defendant as the cause of each of the claims of this case (Seoul District Court 2006Kadan5907, hereinafter "the claim of this case"), and the above court rendered a judgment accepting the plaintiff's claim in whole on May 11, 2006, and the judgment became final and conclusive around that time.

B. The Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum from February 29, 2016 to the day of full payment, with respect to KRW 109,228,08 in the balance of the principal and interest of the Plaintiff and KRW 27,85,529 in the balance of the principal.

2. Judgment on the defendant's defense

A. The defendant asserts that each of the claims of this case was extinguished by prescription.

B. The defendant's defense is without merit since it is apparent that the lawsuit in this case was filed before 10 years elapsed from the date the judgment in the previous suit in this case became final and conclusive.

3. Full acceptance of the Plaintiff’s claim