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1. The defendant shall pay to the plaintiff KRW 42,871,932 as well as KRW 22,831,692 among them, from September 1, 2006 to the day of full payment.
Reasons
1. Evidence (A1);
2. Indication of claim; and
A. On December 29, 2006, the Plaintiff filed a lawsuit against the Defendant for the claim for the takeover of the transfer amount of the Suwon District Court 2006da4913, the Plaintiff received the judgment in favor of the Plaintiff that “the Defendant shall pay the Plaintiff the amount of KRW 42,871,932 and the amount of KRW 22,831,692, whichever is applicable, calculated at the rate of 25% per annum from September 1, 2006 to the date of full payment,” and the said judgment was finalized as of January 17, 2007.
B. The Plaintiff was not repaid at all after the judgment in the prior suit became final and conclusive. As such, the instant claim against the Defendant was filed for the interruption of extinctive prescription for the claim for the amount taken over, which became final and conclusive by the judgment as above, with the ten-year extinctive prescription period.
3. Judgment by public notice (Articles 208 (3) 3, and 194 through 196 of the Civil Procedure Act).