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(영문) 서울중앙지방법원 2017.04.13 2016가합558669

양수금

Text

1. The defendant shall pay 489,647,800 won to the plaintiff and 15% per annum from November 12, 2005 to the day of full payment.

Reasons

1. The non-party Samsung Fire Marine Insurance Co., Ltd. (hereinafter “non-party Co., Ltd”) filed a lawsuit against the Defendant for reimbursement amounting to the Jeonju District Court 2005Kadan19571.

On August 30, 2006, the court rendered a ruling that "the defendant shall pay to the non-party company 489,647,800 won with 5% per annum from May 29, 1999 to November 11, 2005, and 20% per annum from the next day to the day of full payment." The ruling became final and conclusive on September 26, 2006.

On November 30, 2007, the Plaintiff acquired the claim for reimbursement from the non-party company in accordance with the above final judgment. At that time, the Plaintiff notified the Defendant of the assignment of the claim and urged the repayment several times.

As the period of extinctive prescription of a claim for the above final judgment has expired, the payment of the same amount as the final judgment is sought for the interruption of extinctive prescription.

2. Articles 208 (3) 3 and 194 of the Civil Procedure Act of the applicable provisions of Acts;