beta
(영문) 서울중앙지방법원 2016.07.20 2016가단5122976

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 84,311,871 and KRW 23,620,827 from March 22, 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 (the Jeonju District Court 2006Da14853, hereinafter "the previous lawsuit of this case"), and the above court rendered a judgment accepting all of the plaintiff's claims on June 29, 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 March 22, 2016 to the date of full payment, with respect to KRW 84,311,871 in the balance of the principal and interest of the Plaintiff and KRW 23,620,827 in the balance of the principal.

2. The defendant's defense asserts that each of the claims of this case was extinguished by prescription.

However, the defendant's defense is not reasonable, 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