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(영문) 서울서부지방법원 2016.11.24 2016가단232828
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate of KRW 19% per annum from October 1, 2004 to the date of full payment.

Reasons

1. According to each of the statements in the evidence No. 1 to No. 4 (including the serial number), the Defendants are jointly and severally liable to pay to the Plaintiff 50 million won and damages for delay calculated at the rate of 19% per annum from October 1, 2004 to the date of full payment.

2. The defendants' assertion and judgment are the commercial claims of this case and the five-year extinctive prescription is applied to them. The lawsuit of this case is filed after the lapse of five years from November 4, 2004, the first assignment date of the above claim, and the extinctive prescription has already expired.

However, even if a claim established by a judgment falls under the short-term extinctive prescription (Article 165(1) of the Civil Act), the extinctive prescription period is ten years (Article 165(1) of the Civil Act), and Article 165(5) of the Act provides that Solomon Mutual Savings Bank, Solomon Mutual Savings Bank, on November 4, 2004, transferred its claim against the Defendants from a national bank, and filed a lawsuit for the claim for the amount of the transfer amount against the Defendants on February 10, 2006, and received a favorable judgment on February 10, 2006, and the above judgment becomes final and conclusive on March 14, 2006. Thus, it is clear in the record that the claim against the Defendants was filed before the lapse of 10 years from the date the above judgment became final and conclusive, and the statute of limitations

Therefore, the defendants' above assertion is without merit.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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