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(영문) 의정부지방법원 2015.11.17 2015가단118588
양수금
Text

1. The defendant's KRW 26,678,143 to the plaintiff and 6% per annum from October 24, 2003 to July 13, 2005 to the plaintiff.

Reasons

According to the purport of Gap evidence Nos. 1 and 2 and the whole pleadings, the judgment of the court below (hereinafter "the judgment of this case") stating that "the defendant shall pay to the plaintiff 26,787,057 won and interest calculated at the rate of 6% per annum from October 24, 2003 to July 13, 2005, and 20% per annum from the next day to the day of full payment" (hereinafter "the judgment of this case") that the plaintiff filed a lawsuit of this case on July 21, 2015 to extend the extinctive prescription period of claims under the judgment of this case, and that the defendant shall pay to the plaintiff 26,678,143 and 17% per annum from the next day to the day of full payment to the day of July 23, 2005. The defendant shall pay to the plaintiff 26,678,143 and 203% per annum from the day of this case's principal to the day of full payment.

In regard to this, the defendant set up a defense that the above judgment had become extinct due to the completion of prescription, and the period of extinctive prescription of the claim established by the judgment is ten years, and the initial date of the extinctive prescription of the above claim shall be the date when the judgment became final and conclusive. As seen above, the date when the judgment in this case became final and conclusive after October 26, 2005 is the same as mentioned above, and it is apparent that the lawsuit in this case was filed within 10 years from the date when the lawsuit in this case was filed, and therefore

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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