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(영문) 서울중앙지방법원 2017.06.27 2017가단5074449
양수금
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 18,254,770 as well as KRW 4,791,422 as from April 1, 2016.

Reasons

In full view of the respective entries in Gap evidence 1 through 6 (including additional numbers) and the overall purport of the pleadings, it is recognized that the cause of the claim is the same as that in the separate sheet (the "creditor" shall be deemed to be the "Plaintiff," and the "debtor" shall be deemed to be the "Defendant," and thus, the defendant is liable to pay to the plaintiff the unpaid principal and interest and delay damages.

Although the Defendant asserts to the effect that “the five-year extinctive prescription for each of the claims of this case has expired,” in full view of the overall purport of pleadings as to each of the claims of this case, it can be known that there was a final judgment on each of the claims of this case, and that the lawsuit of this case was filed before the lapse of 10 years from the date the judgment became final and conclusive (in the case of claims established by a judgment, the period of extinctive prescription is ten years).

If so, the plaintiff's claim is reasonable and acceptable.

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