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(영문) 서울중앙지방법원 2016.11.02 2016가단5208726
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,552,367 and the amount of KRW 6,887,173 among them, from February 11, 2016 to the date of full payment.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff and the debtor is deemed the defendant) is not disputed between the parties, or can be recognized in full view of the purport of Gap's entries and the whole arguments. Thus, the defendant is liable to pay to the plaintiff damages for delay calculated at the rate of 17% per annum from February 11, 2016 to the day of full payment of principal amount of KRW 22,552,367 as joint and several surety, and principal amount of KRW 6,887,173 among them.

2. The defendant's defense is proved to have expired the time limit for the plaintiff's claim. However, according to the evidence No. 6, the plaintiff filed a lawsuit against the defendant for the payment of the above amount under the Incheon District Court Decision 2006Da19305, May 10, 2006, and it can be recognized that the above judgment became final and conclusive around that time. Since the lawsuit of this case was filed before the lapse of 10 years thereafter, the defendant's defense was eventually groundless.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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