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(영문) 서울중앙지방법원 2016.01.20 2015가합17840

위자료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of this case is that the plaintiff seeks the payment of the final and conclusive payment claim against the defendant for the interruption of extinctive prescription.

On February 27, 1998, the plaintiff filed a lawsuit claiming consolation money (Seoul Eastern District Court 98Gahap4550) against the defendant on May 19, 200, and ordered the defendant to pay consolation money at the rate of 25% per annum from April 15, 2000 to the date of full payment. < Amended by Act No. 6314, Jun. 13, 2000>

【In the absence of dispute, the ground for recognition, the entry of evidence No. 1, the argument about the issue of the overall purport of pleading (the completion of extinctive prescription), and the defendant’s claim against the defendant alleged by the plaintiff against the defendant was completed with the lapse of ten-year extinctive prescription period.

The period of extinctive prescription of bonds established by the review judgment is ten years.

(Article 165(1) of the Civil Act. It is evident that the Plaintiff’s lawsuit of this case was filed on July 16, 2015 at the expiration of ten years from June 13, 200 when the judgment of the previous suit against the Defendant became final and conclusive.

Therefore, the plaintiff's final judgment claim expired due to the expiration of the statute of limitations.

The Plaintiff asserts that KRW 170 million out of the consolation money of KRW 500 million remains after being paid KRW 330 million (the preparatory document on December 16, 2015). However, since the time of payment appears to have been around April 25, 1994, which was before the day when the judgment in the previous lawsuit became final and conclusive, it cannot be deemed that the statute of limitations for the claim for the amount of final and conclusive judgment has been suspended.

In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.