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(영문) 서울중앙지방법원 2016.09.20 2016가단5154478
양수금
Text

1. The defendant shall pay 30 million won to the plaintiff and 20% per annum from July 1, 2006 to the day of complete payment.

Reasons

1. The facts stated in the attached Form No. 1, which the plaintiff asserted as the cause of the claim in this case, do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings in each entry in the evidence No. 1, No. 6.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the assignee of the claim, the amount of KRW 30,000,000, and damages for delay calculated at the rate of 20% per annum under the agreement from July 1, 2006 to the date of full payment.

2. The defendant's defense is disputed to the purport that the plaintiff's claim of this case was extinguished due to the expiration of the extinctive prescription after about 21 years after the conclusion of the joint and several liability contract. However, in full view of the aforementioned evidence, the defendant's defense against the defendant, etc., the Seoul Central District Court 2006Gahap29285, which is the assignment of claims, filed a lawsuit claiming the transfer of claims against the defendant, etc. and rendered a favorable judgment on May 24, 2006, and recognized the fact that the above judgment became final and conclusive around that time. Accordingly, the extinctive prescription

However, on April 21, 2016, before the above judgment became final and conclusive, the fact that the plaintiff who acquired the above claim filed the lawsuit of this case on April 21, 2016 is obvious in the record, and the defendant's defense of extinctive prescription is therefore groundless.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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