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(영문) 서울중앙지방법원 2018.02.07 2017가단39366
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 495,630,242 and the amount of KRW 136,158,78 among them, from March 8, 2017 to the day of full payment.

Reasons

1. In full view of the purport of the entire pleadings in the evidence No. 1 to No. 3 as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money set forth in paragraph (1) of this Article.

2. The defendant's assertion pointing out that since the extinctive prescription of the claim of this case has expired, the defendant cannot accept the plaintiff's claim.

According to each of the above evidence and evidence Gap evidence Nos. 7-10, ① the fact that the Seoul Central District Court Decision 2006Da403626 Decided February 16, 2007 became final and conclusive on March 17, 2007 with respect to the claim of this case, ② the fact that dividends of KRW 142,625,367 on May 20, 2008, which is the date of distribution of the compulsory auction of real estate B in the Suwon District Court as to the claim of this case.

It is clear in the record that the instant lawsuit was filed on March 17, 2017, before the ten-year statute of limitations as stipulated in Article 165(1) of the Civil Act, from the date of the completion of the foregoing distribution. Therefore, the Defendant’s assertion of extinctive prescription is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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