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1. The Defendant’s KRW 44,217,743 as well as the Plaintiff’s KRW 17% per annum from October 25, 2003 to February 5, 2010.
Reasons
1. In March 30, 2010, the Plaintiff filed a lawsuit against the Defendant for the payment of the acquisition amount (Seoul District Court 2009Kadan25188), and sentenced that “the Defendant shall pay to the Plaintiff the amount of KRW 44,217,743 as well as the amount calculated at the rate of 17% per annum from October 25, 2003 to February 5, 2010, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive thereafter.
Nevertheless, the defendant did not pay the above judgment amount and immediately filed the lawsuit of this case for the interruption of extinctive prescription since the period of extinctive prescription of the above judgment claim expires.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;