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1. The defendant shall pay to the plaintiff the amount of KRW 94,095,735 and KRW 55,009,059 among them, from November 19, 2014 to the day of full payment.
Reasons
1. In full view of the respective descriptions of Gap evidence Nos. 1 through 6 (including branch numbers) and the overall purport of the pleadings as to the cause of the claim, the lawsuit was withdrawn as to Gap's ground of claim and the changed cause of claim No. 1 to 6 (including branch numbers).
and there is no reflective evidence.
In regard to this, the Defendant received a payment order against the Defendant by Seoul Central District Court 2013 tea124906, which is the same as the instant claim and the instant payment order claim, so the instant lawsuit is the same as the instant claim. However, there is no evidence to acknowledge this, the above assertion is without merit.
In addition, the Defendant asserts that the five-year statute of limitations has expired as commercial claims. Accordingly, according to each of the statements in the evidence Nos. 6-2 and evidence Nos. 7-2, the Defendant paid 423,847 won on February 16, 2010, the agreed interest amounting to KRW 225,493 and overdue interest amounting to KRW 19,178 on February 5, 2010, and it is apparent in the record that the instant lawsuit was filed on November 21, 2014 prior to the lapse of five years. As such, the statute of limitations of the instant claim was interrupted.
Therefore, the plaintiff's assertion pointing this out is with merit, and the defendant's above assertion is not accepted as it is without merit.
2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.