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(영문) 대구지방법원 2015.05.26 2015가단102818
양수금
Text

1. The defendant shall pay to the plaintiff KRW 50,000,000 as well as 19.5% per annum from October 15, 1996 to January 17, 2005.

Reasons

1. According to the overall purport of evidence Nos. 1 through 5 as well as the entire pleadings, the Seoul Central District Court Decision 2005Kadan2309 rendered against the Defendant, which was rendered by Samsung Fire Marine Insurance Co., Ltd., on March 25, 2005, and the said Decision became final and conclusive on May 11, 2005, and the Plaintiff acquired the above judgment claim from Samsung Fire Marine Insurance Co., Ltd., Ltd. on June 21, 2013, and notified the Defendant of the assignment of claim on June 23, 2014.

2. The defendant asserts whether the extinctive prescription has expired or not that the claim of this case acquired by the plaintiff was complete by the lapse of five years as a claim for commercial activities.

However, even if a claim established by a judgment falls under the short-term extinctive prescription (Article 165(1) of the Civil Act), the extinctive prescription is ten years (Article 165(1) of the Civil Act), and on November 19, 2014, when the lawsuit in this case was brought, it is apparent that the ten years have not passed since May 11, 2005, which became final and conclusive. Thus, the defendant's assertion is groundless.

3. Thus, the claim of this case in order to prevent the expiration of the extinctive prescription has a benefit of lawsuit, and the defendant is obligated to pay to the plaintiff who acquired the above claim the amount of KRW 50,000,000 with the amount of the final judgment and the amount of KRW 19.5% per annum from October 15, 1996 to January 17, 2005, and 20% per annum from the following day to the day of full payment.

The plaintiff's claim of this case is accepted with reasonable grounds.

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