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1. The Defendant’s KRW 32,51,010 as well as the Plaintiff’s KRW 20% per annum from October 3, 2009 to May 31, 2019.
Reasons
1. Determination on the cause of the claim
A. On February 25, 2008, the defendant promised to pay the unpaid fees to the plaintiff (the trade name before the change: D) jointly with E. A. 2) The plaintiff filed a lawsuit against the defendant for the payment of unpaid fees to the defendant, and sentenced on November 10, 2009 that "the defendant shall pay to the plaintiff 32,551,010 won and the amount calculated at the rate of 20% per annum from October 3, 2009 to the date of full payment," which became final and conclusive on December 1, 2009.
(U) The Plaintiff filed the instant lawsuit on July 9, 2019 for the interruption of extinctive prescription of claims based on the above judgment (U.S. District Court 2009Kadan63423). [In the absence of any dispute over evidence, entry of evidence No. 1 and the purport of the entire pleadings]
B. According to the above facts of recognition, the defendant is obligated to pay the above KRW 32,551,010 to the plaintiff, unless there are special circumstances.
2. The defendant's assertion is defense that the plaintiff filed the lawsuit in this case after the lapse of 5 years from the date when the above judgment became final and conclusive, but the period of extinctive prescription of the claim established by the judgment is 10 years from the date when the judgment becomes final and conclusive (Articles 165 (1) and 178 (2) of the Civil Act), and it is obvious that the period from the above judgment to the time when the lawsuit in this case is instituted has not yet passed 10 years from the above judgment becomes final and conclusive, and therefore, the defendant's defense
3. Thus, the defendant is obligated to pay to the plaintiff 32,51,010 won and damages for delay calculated at the rate of 20% per annum from October 3, 2009 to May 31, 2019, and 12% per annum from the next day to the day of full payment. Thus, the plaintiff's claim of this case is justified and it is so decided as per Disposition.