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(영문) 서울남부지방법원 2016.01.14 2015가단211948
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 103,505,821 and KRW 24,917,375 from November 12, 2014 to the date of full payment.

Reasons

According to Gap evidence Nos. 1 through 7, the facts as stated in the reasons for the claim (However, the creditor, the debtor, and the defendant) and the facts that the previous payment order was issued on March 21, 2005 against the defendant in Seoul Southern District Court 2005Hu5229 credit card use charges and loans against the defendant by the new card company, and the previous payment order was finalized on April 9, 2005.

In regard to this, the defendant defenses that the claim claim of this case had already expired by prescription.

However, even if a claim established in a payment order falls under the short-term extinctive prescription, the period of extinctive prescription is extended to ten years (see, e.g., Supreme Court Decision 2009Da39530, Sept. 24, 2009). The Plaintiff applied again for the instant payment order on Nov. 12, 2014 (i.e., before April 8, 2015, which is the expiration date of the extinctive prescription period of the claim claim under the previous payment order) and thus, the Defendant’s defense is therefore groundless.

(2) On the date of pleading Nos. 1, 2, and 4 of this case, the defendant refused to comply with appropriate measures, such as filing a lawsuit of demurrer against the previous payment order, even though the defendant has been explicitly recommended by this court. Thus, the plaintiff's claim of this case is justified.

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