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(영문) 청주지방법원 2017.04.25 2017가단101294
양수금
Text

1. As to KRW 123,443,534 and KRW 11,337,243 among the Plaintiff, the Defendant shall be from December 1, 2016 to the date of full payment.

Reasons

Comprehensively taking account of each of the statements in Gap evidence Nos. 1 through 4, it can be recognized that each of the facts stated in the grounds for the claim is established, and the defendant is obligated to pay the plaintiff money

(However, the “creditor” is the “Plaintiff” and the “debtor” is the “Defendant.” Although the Defendant alleged to the effect that the Plaintiff’s claim was extinguished by the lapse of the five-year statute of limitations, the statute of limitations is ten years (Article 165(1) of the Civil Act), even if the claim established by the judgment constitutes the short-term statute of limitations (Article 165(1) of the Civil Act), and in full view of the purport of the entire pleadings, the Plaintiff was rendered a favorable judgment against the Defendant and B on December 5, 2006, and the said judgment became final and conclusive around that time, and the Plaintiff’s claim for the instant payment order was recognized on December 8, 2016, for which ten years have not passed from that time. Therefore, the Plaintiff’s claim was not completed.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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