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(영문) 서울중앙지방법원 2016.11.09 2016가단106214
양수금
Text

1. The defendant shall pay to the plaintiff KRW 84,229,58 and KRW 24,00,000 among the costs, from April 21, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On May 1, 2003, the Korea Deposit Insurance Corporation was declared bankrupt by the Daegu District Court. The Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

B. The Korea Deposit Insurance Corporation filed a lawsuit against the Defendant for damages against the Korea Deposit Insurance Corporation in Andong-si New Airport.

(S) On June 2, 2006, the above court rendered a ruling that "the defendant shall pay to the Korea Deposit Insurance Corporation 50 million won with 5% per annum from November 28, 2003 to June 2, 2006 and 20% per annum from the next day to the day of complete payment."

The above judgment was finalized on June 28, 2006.

(hereinafter “instant judgment”). C.

On June 15, 2009, the Plaintiff acquired the damage claim acknowledged in the instant judgment from the Korea Deposit Insurance Corporation, and at that time, notified the Defendant of the assignment of the claim.

As of April 20, 2016, the balance of the principal and interest of the instant judgment as of April 20, 2016 is KRW 84,229,58 (= Principal KRW 60,229,58).

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum, which is recognized in the instant judgment from April 21, 2016 to the date of full payment, with respect to KRW 84,229,58 and the principal amount of KRW 24,00,000,00, which is the day following the calculation of the final damages for delay.

B. 1) The Defendant asserts that the right to claim damages recognized in the judgment of this case expired by the statute of limitations. 2) The period of extinctive prescription of the Plaintiff’s damage claim against the Defendant, for which the judgment became final and conclusive, is ten years (Article 165(1) of the Civil Act), and the date of the lawsuit of this case (Article 165(1) of the Civil Act), is less than ten years from the date the judgment of this case became final and conclusive, and the Defendant’s defense is apparent in fact.

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