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(영문) 서울서부지방법원 2015.05.07 2014가단247512
양수금
Text

1. As to KRW 58,760,00 and KRW 20,000 among them, the Defendant shall have 19% per annum from September 4, 2014 to the date of full payment.

Reasons

1. According to each of the evidence Nos. 1, 2, 4, 5, 7, 9, 11, and 12, the establishment of the obligation to pay the acquisition tax, the defendant is obligated to pay the acquisition tax to the plaintiff.

2. On the judgment of the defendant's defense, the defendant set up a defense that the above claim for the money was extinguished due to the completion of the five-year commercial statute of limitations.

According to the records of evidence No. 165(1) and evidence No. 10 of the Civil Act, the former Northern Bank Co., Ltd. loaned KRW 20,000,00 to the defendant on February 26, 2002, as stated in the changed cause of the claim, and the defendant did not pay the amount of KRW 20,000,00, and then it filed a lawsuit against the defendant on September 7, 2004 against the former Jeju District Court Decision 2004Da19618, and received a favorable judgment of the non-litigation on September 2, 2004 at the same court, and the above judgment can be recognized as having become final and conclusive on October 2, 204, and it is evident that the plaintiff applied for the payment order of this case on September 3, 2014 before the expiration of 10 years from the date of the above judgment.

Therefore, the defendant's defense is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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