(영문) 대구지방법원 2019.11.27 2019나306879

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(영문) 대구지방법원 2019.11.27 2019나306879

소유권이전등록

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. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the following addition, and thus, it is acceptable as it is by the main text

2. The addition;

A. The Defendant asserts that the period of extinctive prescription of KRW 2,917,700, including management fees for late payment, etc., which occurred until August 30, 2013, among the money claimed by the Plaintiff, has expired after the lapse of five years. However, according to the evidence evidence No. 4, the Defendant’s assertion that payment of KRW 60,000,000 before the death of the deceased can be recognized as having been made. Since payment after the expiration of the extinctive prescription is a waiver of the benefit of extinctive prescription or a partial repayment before the expiration of the extinctive prescription is deemed as an acceptance of the obligation, it is reasonable to view that the period of extinctive prescription of the Plaintiff’s claim was interrupted on January 15, 2016, and the period of extinctive prescription has expired again from January 15, 2016. Since the instant lawsuit was filed before the lapse of five years from January 15, 2016, the Defendant’s assertion has no merit.

B. The Defendant asserted to the effect that the base date for the calculation of KRW 24,414,490, the amount claimed by the Plaintiff, is May 8, 2018, not until July 1, 2016, but at the rate of KRW 198,00 per month from May 9, 2018 to the acquisition date of the transfer of ownership of the instant vehicle from May 9, 2018. However, as seen earlier, the base date for the calculation of KRW 24,414,490, such as the above overdue payment management fees, etc., is not until May 8, 2018, but on June 30, 2016, the Defendant’s above assertion is rejected.

3. Conclusion, the plaintiff's claim shall be accepted on the grounds of all the reasons.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

참조조문

-민사소송법 제420조

유사 판례

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