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(영문) 서울서부지방법원 2017.02.13 2016가단234794
양수금
Text

1. The defendant shall pay 100,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Comprehensively taking account of the purport of the arguments in Gap 1 through 4, non-party Gap corporation Solomon Mutual Savings Bank (hereinafter "Slomon Mutual Savings Bank") filed a lawsuit against the non-party Eul corporation, C and defendant on May 3, 2006 with the Seoul Central District Court for the payment of the acquisition amount, and the above court rendered a judgment of May 3, 2006 that "the plaintiff shall be jointly and severally liable to the plaintiff, the defendant Eul corporation, and C shall be 1,545,312,278 won and 672,830,329 won out of the above and the above amount shall be 19% per annum from October 1, 2004 to March 21, 2005 and the next day shall be 20% per annum from the next day to the day of full payment, and the plaintiff shall be jointly and severally transferred the above amount to the defendant with the above defendants to pay KRW 104,00,000,000 among the above amount to the defendant 184.

Therefore, unless there are other special circumstances, the defendant is obliged to pay KRW 100 million to the plaintiff.

In regard to this, the defendant asserts that there is no fact that he bears a joint and several liability which served as the basis for the final and conclusive judgment of this case. However, unless the final and conclusive judgment of this case is revoked through the procedure of appeal or retrial, the defendant's above assertion conflicts with the res judicata of the final and conclusive judgment of this case.

Furthermore, although the Defendant asserted that the extinctive prescription for the final and conclusive payment obligation of this case has expired, the Defendant’s extinctive prescription is evident in the record that the application for the payment order was received on April 19, 2016 within 10 years from the date of the final and conclusive judgment of this case.

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