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(영문) 서울중앙지방법원 2017.05.31 2017가단5024789

양수금

Text

1. The defendant shall pay 50,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. In full view of the purport of the entire pleadings in the evidence No. 1 to No. 2 as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money set forth in the Disposition No. 1.

2. The Defendant’s determination as to the Defendant’s assertion shall claim that extinctive prescription is complete and it is impossible to respond to the Plaintiff’s claim.

However, according to the above evidence, as long as the lawsuit of this case was filed on November 15, 2016, prior to the expiration of 10 years of extinctive prescription as stipulated in Article 165(1) of the Civil Act, the defendant's assertion is without merit, since the Seoul High Court Decision 2005Na96988 on October 24, 2006 was rendered on the claim of this case and the above judgment became final and conclusive on November 25, 2006.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.