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(영문) 서울서부지방법원 2016.11.17 2016나33695
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 5, the defendant entered into an advertising contract with the Korean Phone Corporation around July 24, 200, and the above stock company filed a lawsuit against the defendant for payment of the above advertising price with the court 2005 Ghana156830, and the above court on October 13, 2005. "The defendant shall pay to the above stock company the amount of KRW 1,056,000 with the advertising price of KRW 6% per annum from May 25, 2001 to September 28, 2005, and the amount of money calculated at a rate of 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on October 31, 2005, and the above judgment shall become an executive title, and the defendant shall be liable to pay the above amount of money to the plaintiff on September 21, 2012 to the defendant's deposit claim as the Incheon District Court.

As the defendant asserts that the above claim has expired by prescription, the above judgment amount claim under Articles 165(1) and 168 subparag. 2 of the Civil Act shall be terminated only after the lapse of ten years from September 28, 2010 upon receipt of the above claim seizure and collection order, and it is obvious that the lawsuit in this case was filed on December 14, 2015, and therefore, the defendant's above assertion cannot be accepted.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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