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(영문) 서울중앙지방법원 2017.10.12 2016가단158321
청구이의 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In the Seoul Central District Court case No. 2016 tea27078, Feb. 12, 2016, the above court ordered the Plaintiff to pay damages for delay calculated at the rate of 17% per annum from January 21, 2016 to the date of full payment, with respect to KRW 16,671,10, and KRW 5,084,666, the above court ordered the Defendant to pay damages for delay calculated at the rate of 17% per annum from January 21, 2016, and the fact that the above payment order became final and conclusive on March 30, 2016 does not conflict between the parties.

(2) The plaintiff's claim that the payment order of this case had already become final and conclusive after the completion of prescription. However, in full view of the purport of pleading in Eul evidence No. 1, the defendant filed a lawsuit against the plaintiff on January 16, 2006 (No. 7,323,960 won and KRW 5,084,660 among them and KRW 5,066 won from the above court on April 14, 2006, the plaintiff's claim that the payment order of this case was extended by 17% per annum from April 1, 2005 to the date of full payment, and the plaintiff's claim that the payment order of this case was extended by 17% per annum from the above court on May 9, 2006, which became final and conclusive after the expiration of prescription period of this case's claim that had been extended by 100 years from the above court on May 16, 2006.

Thus, the plaintiff's claim is dismissed as it is without merit.

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