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(영문) 서울북부지방법원 2019.10.08 2019가단118620
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 181,467,922 and the amount of KRW 50,000,000 among them, which shall be paid in full from March 30, 2019.

Reasons

In full view of the purport of the entire arguments in Gap evidence Nos. 1 through 4, the facts of the grounds for the appeal (Provided, That the "creditor" as the plaintiff may be acknowledged as the defendant.

Although the Defendant asserts that the period of extinctive prescription of commercial claims has lapsed five years, it is clear that the period of the remainder payment was postponed until March 30, 2014 in itself as the contract itself, and since a claim, the due date of which has become due, is in progress from the time when it comes due, it is obvious that the period of extinctive prescription has not expired as of March 20, 2019, the date of the filing of the instant lawsuit.

The defendant's defense is without merit.

Therefore, the plaintiff's claim of this case is reasonable and it is so decided as per Disposition.

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