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(영문) 서울중앙지방법원 2016.10.12 2016가단5169272
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 98,647,148 and KRW 27,758,112 among them:

B. Defendant B is Defendant A.

Reasons

1. Determination as to the cause of claim

A. According to the evidence Nos. 1 and 2-1 and 2-2 of the evidence Nos. 1 and 2, the plaintiff acquired each of the above claims against the defendant (hereinafter "each of the above claims of this case"), the plaintiff filed a lawsuit against the defendant as the ground for the claim of this case (the Busan District Court Decision 2006Da72709, hereinafter "the previous lawsuit of this case") on August 23, 2006. The above court rendered a judgment on August 23, 2006 as to "the plaintiff, the defendant A, the defendant A, the 45,917,466 won, and the 27,758,12 won among them, and the defendant B jointly and severally with the defendant A about 37,056,675 won among the above amount, and about 22,080,757 won among them, and about 15% of the above amount from April 1, 2005 to 205.

B. Therefore, as of May 31, 2016, the Plaintiff is obligated to pay the principal and interest of the judgment as of May 31, 2016 to the Plaintiff; Defendant A is obligated to pay the principal of KRW 98,647,148; Defendant B is jointly and severally with Defendant A to KRW 79,01,579 out of the above amount; and KRW 22,080,757 of the above amount is jointly and severally with Defendant A to pay damages for delay at the rate of 17% per annum from June 1, 2016 to the date of full payment.

2. Determination as to the defendants' defense

A. The Defendants asserted that each of the instant claims has expired by prescription.

B. The defendant's defense is without merit since it is apparent that the lawsuit in this case was filed before 10 years elapsed from the date the judgment in the previous suit in this case became final and conclusive.

3. Full acceptance of the Plaintiff’s claim

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