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(영문) 서울중앙지방법원 2017.02.08 2016가단5210019
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 42,132,744 and KRW 12,534,793 among them, from February 11, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of the claim (Provided, That the creditor is the plaintiff, the debtor is the defendant) is liable to pay to the plaintiff delay damages calculated at the rate of 17% per annum from February 11, 2016 to the day of full payment as to the total principal amount of KRW 42,132,744 and the principal amount of KRW 12,534,793 among the joint and several liability joint and several liability of the plaintiff, because there is no dispute between the parties, or in full view of the purport of Gap evidence Nos. 1 to 5 and the whole pleadings.

2. As to the defendant's defense, the defendant set up a defense that the plaintiff's claim for the takeover amount was extinguished by prescription. However, according to the evidence No. 4, the plaintiff filed a lawsuit against the defendant and B seeking the payment of the above takeover amount under the Incheon District Court's 2006Gadan3969, and it can be recognized that the above judgment became final and conclusive around that time. Since the lawsuit of this case was filed before the lapse of ten years thereafter, the defendant's defense was eventually groundless.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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