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(영문) 서울중앙지방법원 2017.01.25 2016가단145905
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 188,318,529 as well as KRW 50,171,291 among them, from April 1, 2006 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings, the facts as stated in the reasons for the claim in the separate sheet Nos. 1 and 2 are recognized.

B. Therefore, the Defendant is obligated to pay 188,318,529 won out of the balance of the principal and interest of the debt and 50,171,291 won among them, as the Plaintiff seeks, 25% interest per annum from April 1, 2006 to the date of full payment.

2. Judgment on the defendant's defense

A. The defendant asserts that the claim stated in the attached Form (hereinafter "the claim of this case") has expired by prescription.

B. The starting date of the extinctive prescription is the starting point of calculating the period of extinctive prescription, which falls under the requirement of the extinction of the obligation, and it constitutes a specific fact that constitutes the legal requirement of the extinctive prescription defense, which is subject to the principle of pleading, and the defendant does not specify the starting date

Furthermore, it is clear that the instant lawsuit was filed within 10 years from the final and conclusive date of the judgment, which made the cause of the instant claim as the cause of the claim, as shown in the attached Form.

C. Therefore, the defendant's argument is without merit.

3. Full acceptance of the Plaintiff’s claim

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