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(영문) 서울서부지방법원 2019.11.13 2019가단9838
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1 through 3 and Eul evidence 1, Eul filed a lawsuit against the defendant for a judgment of execution on the payment of the bill, etc. with the High Government District Court 2008Kadan27939, Sep. 24, 2008, and the same court rendered a judgment that "the defendant shall pay to C 5 million won and the amount calculated by the rate of 25% per annum from October 30, 1998 to the date of full payment." The above judgment becomes final and conclusive on November 12, 2008 (hereinafter referred to as "the instant judgment bond"), and thereafter the claim of this case is assigned to D and the plaintiff in succession from the above judgment bond to the plaintiff.

According to the above, the defendant is obligated to pay to the plaintiff who is the final transferee of the judgment of this case the amount of KRW 55 million and 25% per annum from October 30, 1998 to the date of full payment, unless there are special circumstances.

In regard to this, the defendant's defense that the statute of limitations has expired. Thus, the defendant's defense that the claim for the judgment of this case was established on November 12, 2008 is identical to the above facts. Since the plaintiff's lawsuit of this case was filed on July 3, 2019 after the lapse of 10 years from the lawsuit of this case, it is obvious that the claim for the judgment of this case had already expired before the lawsuit of this case was filed. Thus, the defendant's defense is justified.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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