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(영문) 서울중앙지방법원 2019.12.05 2019가합549420

양수금

Text

1. The defendant shall be the plaintiff.

A. C shall be jointly paid KRW 500,000,000 and shall be fully paid from August 12, 2008.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208(3)3 of the Civil Procedure Act of the applicable provisions of the Acts [Judgment by public notice] [In light of the purport of exceptionally allowing a lawsuit for the interruption of extinctive prescription of claims pursuant to a final and conclusive judgment notwithstanding res judicata, the application of the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) is against res judicata effect for the Plaintiff’s substantive judgment that changes the main text of the final and conclusive judgment (Seoul Central District Court 2008Gahap64107, Oct. 28, 2010).