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(영문) 서울중앙지방법원 2016.09.28 2016가단5174656
양수금
Text

1. The defendant shall pay to the plaintiff 121,213,468 won and 34,113,42 won among them to the day of complete payment.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff, the debtor is the defendant) is not in dispute between the parties, or can be recognized in full view of the purport of Gap's entries and the whole arguments. Thus, the defendant is liable to pay to the plaintiff damages for delay calculated at the rate of 17% per annum from February 16, 2016, which is the day following the last interest calculation, to the day of complete payment, for the sum of the principal and interest of KRW 121,213,468, and for the principal of KRW 34,113,422 (won 18,740,337, KRW 15,373,085) as joint and several surety of Eul.

2. As to the defendant's defense, the defendant asserted that the claim acquired by the plaintiff was extinguished by prescription. However, according to the evidence No. 3, the plaintiff filed a lawsuit against the defendant and B seeking the payment of the above amount of transfer money under the Suwon District Court Decision No. 2006Da17634, May 12, 2006, and it can be recognized that the above judgment became final and conclusive around that time. Since the lawsuit of this case was filed before the lapse of 10 years thereafter, the defendant's defense was eventually groundless.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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