(영문) 서울중앙지방법원 2014.10.30 2014가단5109955

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(영문) 서울중앙지방법원 2014.10.30 2014가단5109955

어음금

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1. The defendant shall pay to the plaintiff KRW 40,000,000 as well as 6% per annum from January 1, 2001 to February 26, 2004.

Reasons

1. The fact that the plaintiff filed an application for a payment order against the defendant with the Seoul Western District Court 2003 tea32906, and the above court issued a payment order stating that "the defendant shall pay to the plaintiff 40,000,000 won with 6% per annum from January 1, 2001 to February 26, 2004, and 20% per annum from the next day to the day of full payment" (hereinafter "existing payment order"), and the fact that the existing payment order was finalized on March 12, 2004 does not conflict between the parties.

2. Determination as to the cause of claim

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the sum of KRW 40,000,000 as above and the damages for delay calculated at the rate of KRW 6% per annum from January 1, 2001 to February 26, 2004 and 20% per annum from the following day to the date of full payment.

B. The Defendant alleged that (i) the amount of KRW 40,00,000 based on the existing payment order is the amount already included in the claim of KRW 148,80,000, respectively based on the Seoul District Court Decision 99Da36025, which the Plaintiff raised against the Defendant, against the Defendant, but it is not sufficient to recognize the Plaintiff’s assertion by the description of the evidence No. 2, and there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is without merit.

D. Also, the defendant asserts that the issuance date of the existing payment order was February 4, 2004. The application for the payment order of this case was made three years after the expiration of the statute of limitations, and even if the ten-year statute of limitations is applied to domestic affairs, since the application for the payment order of this case was made after the lapse of ten years from December 17, 2003 as of the date of application for the existing payment order, the claim for the payment order of this case was extinguished by the statute of limitations.

Modern, existing.

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