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(영문) 서울중앙지방법원 2016.12.06 2016가단5209156
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 85,280,162 and KRW 24,714,514 among them, from August 1, 2016 to the date of full payment.

Reasons

1. The facts stated in the attached Form No. 1, which the plaintiff asserted as the cause of the claim in this case, do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings in each entry in the evidence No. 1, No. 7.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the balance of the principal and interest of 85,280,162 won and the principal of 24,714,514 won among the Plaintiff who acquired the first financial institution’s claims, delay damages calculated by the rate of 17% per annum under the agreement from August 1, 2016 to the date of full payment.

2. The defendant's defense was defense that the plaintiff's claim of this case expired due to the expiration of the extinctive prescription. However, in full view of the whole purport of the arguments in the above evidence, the plaintiff filed a lawsuit claiming the amount of transfer money against the defendant as Seoul Southern District Court Decision 2006Da7359, Oct. 27, 2006 and rendered a favorable judgment on Oct. 27, 2006, and the above judgment became final and conclusive around that time. Accordingly, the extinctive prescription was interrupted and

However, since the fact that the plaintiff filed the lawsuit in this case on July 22, 2016, which was ten years before the date when the above judgment became final and conclusive, is apparent in the record, the defendant's defense of extinctive prescription is therefore without merit.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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