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(영문) 서울중앙지방법원 2015.04.21 2014가단5260089
양수금
Text

1. The defendant shall pay to the plaintiff KRW 139,582,163 as well as KRW 82,719,273 as well as its annual year from March 18, 2004 to November 25, 2004.

Reasons

1. The facts in the separate sheet of reasons for claim are deemed to have been led to confession because the plaintiff's assertion is not clearly disputed by the defendant.

Therefore, the defendant is obligated to pay the money stated in Paragraph 1 of this Article to the plaintiff.

2. In regard to this, the defendant raised a defense that the claim of the loan of this case has expired five years after the due date for payment.

However, comprehensively taking account of the entire purport of the pleadings as indicated in the evidence Nos. 4 and 5, the promotion mutual savings bank corporation filed a lawsuit against the defendant against the defendant with 204da19572 and won the lawsuit seeking the payment of the loan of this case. It can be acknowledged that the judgment became final and conclusive on January 13, 2005. Article 165(1) of the Civil Act provides that the extinctive prescription of the claim established by the judgment shall be ten years even for the short-term extinctive prescription. The plaintiff filed a claim for the payment order of this case on May 12, 2014 before the lapse of 10 years from the date the above judgment became final and conclusive. Accordingly, the claim for the loan of this case was not extinguished.

Therefore, the defendant's defense is not accepted.

3. The defendant asserts that Article 165 (1) of the Civil Act unfairly extends the prescription period of a claim, which violates Articles 10, 11, 17, 36, and 37 (2) of the Constitution and thus becomes unconstitutional, and thus, the claim of this case cannot be complied with.

However, the fundamental purpose of the short-term extinctive prescription system that the law recognizes is to achieve the stability of legal life by establishing legal relations as soon as possible.

However, if the existence of a claim becomes final and conclusive by a judgment, it would no longer be meaningful to mean the prompt confirmation of the above legal relationship.

Therefore, even if a right is subject to the short-term extinctive prescription under the substantive law, so long as the relationship of rights has become final and conclusive by a final judgment, the claim finalized by a judgment shall be subject

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