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(영문) 부산지방법원동부지원 2016.11.30 2016가단213154
양수금
Text

1. The defendant shall pay to the plaintiff KRW 33,490,272 and KRW 4,95,460 among them 29% per annum from April 30, 2003 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 and 4, the facts as to the reasons for the claim are acknowledged.

Therefore, the defendant is obligated to pay the money stated in the text to the plaintiff.

2. The defendant asserts that the plaintiff's claim against the defendant against the defendant has expired due to the expiration of the extinctive prescription, but according to the Gap evidence No. 1-1, the plaintiff was sentenced to a judgment on September 11, 2006, which included the entire contents of the order, and the above judgment became final and conclusive on September 30, 2006. Since the plaintiff applied for the payment order of this case on June 20, 2016, which was before the expiration of 10 years from this, the plaintiff applied for the payment order of this case, it cannot be accepted.

3. The plaintiff's claim is justified and accepted.

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