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(영문) 광주지방법원 2016.02.17 2015나55386
어음금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the statement in subparagraph 1 of this Article, the court below issued a settlement recommendation decision with the purport that "the defendant shall pay to the plaintiff 20 million won and damages for delay calculated at the rate of 6% per annum from December 16, 2003 to October 31, 2005, and 20% per annum from the next day to the day of full payment. The plaintiff waives the remaining claims." Thus, the defendant is obligated to pay to the plaintiff the above amount of money equivalent to the above amount of money ordered to be paid in the settlement recommendation decision, unless there are special circumstances."

2. The defendant has a defense to the effect that he had already repaid all the above debts before the decision to recommend reconciliation was made, but there is no evidence to prove the above facts, and as long as the decision to recommend reconciliation became final and conclusive, the defendant cannot oppose the plaintiff on the grounds as alleged above (see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010). The above defense is without merit.

The defendant has a defense to the effect that the plaintiff's claim has expired by prescription, but it is apparent in the record that the lawsuit in this case was filed on March 19, 2015 before ten years have not yet passed since the decision to recommend reconciliation became final and conclusive. Thus, the above defense is without merit.

3. If so, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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