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(영문) 서울중앙지방법원 2019.02.27 2018가단5103481
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

As the cause of the instant claim, the Plaintiff sought payment of the claim against the Defendant, such as the subrogation payment based on the final and conclusive judgment rendered by the Seoul Central District Court Decision 2015Da35193.

However, according to the statement in Gap evidence No. 1, the above judgment became final and conclusive on May 5, 2006, and it is evident in the record that the lawsuit in this case was filed on May 15, 2018 after the ten-year period from the lawsuit in this case. Thus, the above judgment claim has already expired by prescription.

The defendant's defense pointing this out is with merit.

The plaintiff's claim is dismissed for lack of reason.

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