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(영문) 서울중앙지방법원 2017.08.30 2017가단5088448
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 to 4 of the judgment as to the cause of the claim, the defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1 of this Decree.

2. The defendant's assertion asserts that since the extinctive prescription of the claim of this case has expired, the plaintiff cannot respond to the plaintiff's claim.

According to the statement No. 4, the Seoul Central District Court rendered a ruling 2006Kadan409655 Decided January 31, 2007 against the defendant with respect to the claim of this case and recognized the fact that the above ruling became final and conclusive on February 24, 2007.

The instant lawsuit is clearly recorded by the record that it was filed on March 24, 2017 after ten years from the date the above judgment became final and conclusive. Therefore, the instant claim is deemed to have expired after the statute of limitations expires.

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

3. Conclusion, the claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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