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(영문) 서울중앙지방법원 2016.07.20 2016가단5133600
양수금
Text

1. The defendant shall pay to the plaintiff KRW 82,058,392 as well as KRW 23,807,348 among them, from April 7, 2016 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. According to the statements in Gap evidence Nos. 1 through 7 (including each number), the plaintiff acquired each claim against the defendant (hereinafter "each claim of this case"), the plaintiff filed a lawsuit against the defendant as the cause of the claim of each claim of this case (hereinafter "the previous lawsuit of this case") and the above court rendered a judgment accepting the plaintiff's claim on June 27, 2006, and it is recognized that the above judgment became final and conclusive on July 15, 2006.

B. The Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum from April 7, 2016 to the day of full payment, with respect to KRW 82,058,392 in the balance of the principal and interest of the Plaintiff and KRW 23,807,348 in the balance of the principal.

2. The defendant asserts that each of the claims in this case was extinguished by prescription.

However, the defendant's defense is not reasonable, since it is apparent that the lawsuit in this case was filed before 10 years elapsed from the date the judgment in the previous suit in this case became final and conclusive.

3. Full acceptance of the Plaintiff’s claim

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