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(영문) 서울중앙지방법원 2018.08.14 2017가단5229461

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 155,717,79 and KRW 43,769,096 from December 29, 2017 to the day of full payment.

Reasons

The promotional mutual savings bank, a mutual savings bank, filed a lawsuit against the defendant on November 2, 2007 against the Seoul Central District Court Decision 2007Da397759, and the judgment in favor of the defendant was rendered on January 24, 2008 and confirmed on January 24, 2008, may be recognized in this court, or may be recognized by taking into account the purport of the entire pleadings in writing A5.

Therefore, barring any special circumstance, the defendant is obligated to repay the claims that became final and conclusive to the plaintiff, who is the bankruptcy trustee appointed by the above company after having been declared bankrupt.

The defendant asserts that the extinctive prescription period of commercial claims has expired five years since May 24, 2004, which was due date for payment of the above claims.

However, as seen above, prior to the expiration of the extinctive prescription period claimed by the defendant, the above company filed the above lawsuit and the judgment becomes final and conclusive. The plaintiff's application for the payment order of this case against the defendant on October 25, 2017, which was ten years before the expiration of the extinctive prescription period applicable to the claim established by the judgment, is obvious in the record. Thus, the above assertion cannot be accepted.

Furthermore, comprehensively taking account of the purport of the entire pleadings in evidence Nos. 1, 2, and 5, the Defendant’s remaining debt amount as of September 5, 2017 can be recognized as KRW 30,00,00,000, and KRW 104,590,682 in total, and KRW 104,590,682 in interest and delay damages, and KRW 13,769,096 in interest and delay damages, and KRW 37,358,021 in interest and delay damages as of September 5, 2017.

Therefore, as the Defendant’s repayment of each of the above claims to the Plaintiff, KRW 155,717,79 (i.e., KRW 104,590, KRW 682, KRW 37,358,021) and KRW 43,769,096 (i.e., KRW 30,000,000) plus KRW 13,769,096), as sought by the Plaintiff, the Defendant shall pay damages for delay calculated at the rate of 15% per annum within the scope of the interest rate fixed after the delivery of the instant payment order from December 29, 2017 to the day of full payment.