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1. The Defendant’s KRW 141,541,261 among the Plaintiff and KRW 57,052,162 among the Plaintiff, shall be from October 21, 2016 to November 28, 2016.
Reasons
In addition to the purport of the entire pleadings, evidence Nos. 1 and 2 in addition to the purport of the pleadings, the Plaintiff filed a lawsuit claiming the amount of money calculated by the rate of 15% per annum from April 11, 2006 to the date of complete payment, against the Defendant, and the Plaintiff received a favorable judgment on November 3, 2006 (the original District Court 2006Kadan7951, the above judgment became final and conclusive on November 29, 2006), and ② the amount of principal and delay damages of the bonds pursuant to the above judgment as of October 21, 2016 (hereinafter “the bonds of this case”) can be recognized as the fact that the principal and delay damages of the bonds under the above judgment as of October 21, 2016 were the cause of 141,541,261.
According to the above facts of recognition, the defendant is obligated to pay the total amount of bonds of this case, except in extenuating circumstances.
The defendant asserts that the claim of this case is a claim arising from commercial activities and the five-year extinctive prescription expires.
However, even if a claim established by a judgment falls under the short-term extinctive prescription, the period of extinctive prescription is ten years (Article 165(1) of the Civil Act). Since the lawsuit in this case is clearly filed on October 21, 2016, which was before the lapse of 10 years from November 29, 2006, the date when the judgment became final and conclusive, is obvious, the defendant’s assertion is rejected.
Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 141,541,261 of the instant claim and the principal amount of KRW 57,052,162 from October 21, 2016 to November 28, 2016, the delivery date of the original copy of the instant payment order, 12% per annum, which is the interest rate for the Plaintiff’s claim from October 21, 2016, and damages for delay calculated at 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.