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(영문) 대전지방법원천안지원 2016.08.18 2016가단103466
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The summary of the instant case is the case where the Plaintiff seeks payment of the final and conclusive payment claim against the Defendant for the interruption of extinctive prescription.

2. On April 26, 2004, the Plaintiff filed a lawsuit claiming reimbursement against the Defendant (Seoul District Court Decision 2004Kadan8155) on May 28, 2004, and rendered a judgment ordering the Plaintiff to pay damages for delay at each rate of 5% per annum from June 30, 2001 to December 4, 2003, and 20% per annum from the next day to the date of full payment.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

3. The defendant's assertion and judgment as to the expiration of extinctive prescription

A. The Defendant’s claim for final and conclusive payment against the Defendant was completed with the lapse of the ten-year statute of limitations.

B. The period of extinctive prescription of a claim established by a judgment on the board of directors is ten years (Article 165(1) of the Civil Act), and it is evident that the Plaintiff’s lawsuit in this case was filed on April 4, 2016 after ten years from June 16, 2004 when the judgment on the previous suit against the Defendant became final and conclusive.

Therefore, the plaintiff's final judgment claim expired due to the expiration of the statute of limitations.

4. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.

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