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(영문) 서울중앙지방법원 2018.01.17 2017가단85789

양수금

Text

1. The defendant shall be jointly and severally with B and C to the plaintiff KRW 36 million and the interest rate from July 7, 2007 to the day of complete payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor's "the plaintiff and the debtor" are deemed to be "the defendant," and the payment order for the debtor B and C was finalized). [The grounds for recognition] The items in the evidence Nos. 1 and 2 and the purport of the whole pleadings.

B. As to this, the defendant asserts that the extinctive prescription of the judgment claim of this case has expired.

However, the judgment of Busan District Court 2007Kadan22008, which was the judgment of the previous suit, was finalized on August 17, 2007 against the defendant. Since the payment order of this case was applied on July 20, 2017, which was before the lapse of 10 years from the above, the defendant's assertion cannot be accepted.

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.