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(영문) 서울중앙지방법원 2016.08.24 2016가단5100648
양수금
Text

1. Of the instant lawsuit, the part of the claim as to the claim No. 2 No. 1 in the table in the cause of the claim shall be dismissed.

2...

Reasons

1. Determination ex officio as to the claim part concerning the claim claim No. 2 in the No. 2 of the table of the grounds for the claim in the instant lawsuit (hereinafter “instant claim No. 2”).

A. Ex officio, we examine the legality of the claim part of the instant claim 2 in the instant lawsuit.

B. According to the evidence Nos. 3 and 8, Seoul Guarantee Insurance Co., Ltd. filed a lawsuit against the Defendant claiming for reimbursement on the ground of the instant claim No. 2 (Seoul Central District Court No. 2011 Ghana103247), and the above court rendered a judgment accepting the claim on May 18, 201, and the judgment became final and conclusive around that time.

C. A lawsuit for the interruption of extinctive prescription exists only in cases where it is obvious that the ten-year extinctive prescription period of a claim based on a final and conclusive judgment has expired (see Supreme Court Decision 2005Da74764, Apr. 14, 2006). A successor to the party can enforce compulsory execution by obtaining succession execution clause. Therefore, the same applies to the instant claim established by a final and conclusive judgment, since the ten-year extinctive prescription period remains more than five years as of the date of the closing of argument in this case, and it is difficult to deem that ten-year extinctive prescription has expired.

Ultimately, the claim part of the instant lawsuit is unlawful as there is no benefit of protection of rights.

2. Of the instant lawsuit, a determination as to the claim against the claim No. 1 No. 1 in the table indicating the cause of the claim (hereinafter “instant claim No. 1”).

A. According to the evidence Nos. 1, 2, and 4 through 6 of the judgment on the cause of the claim, the facts are recognized as identical to the reasons for the claim and the legal brief as stated in the separate sheet. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum from March 8, 2016 to the date of full payment of the principal amount of KRW 77,203,883 of the balance of the principal and interest on the debt as of March 7, 2016 and the balance of the principal amount of KRW 15,90,062.

B. Judgment on the defendant's defense 1.

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