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(영문) 서울서부지방법원 2018.11.15 2018나35046

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. According to Gap evidence Nos. 1 and 4 and the purport of the entire pleadings as to the cause of the claim, the defendant requested to publish the advertisement as to "B" in ten installments from May 2000 to the Korea Telephone Board Co., Ltd. (hereinafter "Non-Party Co., Ltd.") on April 29, 200. The non-Party Co., Ltd. filed a lawsuit against the defendant as Seoul Western District Court Decision No. 2002Gada157900, and "the defendant jointly and severally with the non-party Co., Ltd. for the claim for the advertisement amount of KRW 1,890,000 and its amount from February 26, 2001 to November 16, 2002; the non-party Co., Ltd. transferred the claim to the plaintiff at the rate of 25% per annum from the next day to the day of full payment; and the non-party Co. 31, 2014.

The Plaintiff filed the instant lawsuit in order to extend the statute of limitations for the final decision on performance recommendation.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff money as stated in the purport of the claim recognized as the final and conclusive execution recommendation decision.

(2) The defendant's defense was filed in this case after the lapse of 10 years from the time when the decision of performance recommendation became final and conclusive, and the plaintiff's claim is extinguished after the completion of the statute of limitations.

After the lapse of ten years from December 1, 2002, the fact that the instant lawsuit was filed is clearly recorded.

However, according to the evidence No. 6, the fact-finding results and the whole purport of the pleadings against the permanent agricultural cooperatives of this court, the non-party company requested the defendant's deposit claims against the permanent agricultural cooperatives under the Daegu District Court resident support 201TTT 1941 and received the decision of acceptance on December 15, 201.