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(영문) 서울북부지방법원 2019.04.26 2019가단2282

매매대금

Text

1. The defendant shall pay 42,470,000 won to the plaintiff and 25% per annum from July 29, 1998 to the day of complete payment.

Reasons

1. The Plaintiff filed the instant lawsuit against the Defendant for the interruption of extinctive prescription, against the Government Branch of the Seoul District Court on October 30, 1998 (Final District Court Decision 98Da31950 delivered on October 30, 1998), and the Seoul Northern District Court Decision 2008Da76850 delivered on March 5, 2009 (final Court Decision 2008Da76850 delivered on March 26, 2009) (the contents of each of the final and conclusive judgments are the same as the contents of the instant judgment).

2. Notwithstanding the res judicata effect of the instant final and conclusive judgment (Articles 208(3)1 and 257(1) of the Civil Procedure Act), in light of the purport of allowing the instant lawsuit for the interruption of extinctive prescription of claims pursuant to the said final and conclusive judgment, exceptional cases are contrary to the res judicata effect to make a substantive judgment changing the text of the instant final and conclusive judgment (see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010). As such, the interest rate pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) is not applicable.