logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.12.26 2016가단19184
양수금
Text

1. The defendant's KRW 127,802,639 for the plaintiff and 5% per annum from September 1, 2005 to January 6, 2006, and 7 January 2006 for the plaintiff.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4, the court rendered a judgment that "the defendant shall pay 5% per annum from September 1, 2005 to January 6, 2006, and 20% per annum from the next day to the day of full payment" (hereinafter referred to as "the judgment of the court below"), the judgment of the court below became final on June 10, 2006, and the judgment of the court below that "the defendant shall pay 127,802,639 won to the defendant and the amount equivalent to 20% per annum from the next day to the day of full payment" (hereinafter referred to as "the judgment of the court below"), and the judgment of the court below shall be deemed to have reached the defendant's 6-year period of delivery of the claim to the defendant on April 12, 2006, and it shall be deemed that the defendant's 20-year period of delivery of the claim to the defendant by delivering the above 20-year period of extinctive prescription to the defendant.

The defendant asserts to the effect that he does not have any obligation to pay money to Sejong Metals.

Although the Defendant could not ask the submission of a document only and the attendance at the court to dispute the occurrence of the obligation itself, its authenticity is unclear. However, if it is a reason prior to the judgment in a prior suit, it cannot be subject to deliberation by this court because it goes against the res judicata of the judgment in a prior suit. If it is a reason subsequent to the judgment in a prior suit, the judgment in a prior suit shall lose its validity in whole or in part.

arrow