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(영문) 서울중앙지방법원 2016.06.29 2016가단5106509
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 137,389,882 and KRW 37,89,355 from February 29, 2016 to the day of full payment.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff, the debtor is deemed the defendant) is not in dispute between the parties, or can be recognized in full view of the entries in Gap evidence Nos. 1 through 8 and the purport of the whole pleadings. Thus, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 17% per annum from February 29, 2016 to the day of full payment, which is the day following the final interest calculation, for the total amount of KRW 137,389,882 and the principal amount of KRW 37,89,355.

2. As to the defendant's assertion, the defendant did not actually use the credit card price for which the plaintiff sought payment, and the plaintiff's claim for the takeover amount has expired by prescription. However, according to the evidence No. 1, the plaintiff filed a lawsuit against the defendant for the payment of the takeover amount under the defendant's evidence No. 1, the plaintiff's lawsuit against the defendant for the payment of the takeover amount was rendered on May 10, 2006 and the judgment became final and conclusive at that time. Thus, the defendant's assertion against the res judicata effect of the above judgment is without merit, and since the lawsuit of this case was filed before the lapse of 10 years from the date the above judgment became final and conclusive, the defendant's defense was eventually groundless

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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