(영문) 부산지방법원 2019.11.01 2019나1852 | 리걸엔진

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(영문) 부산지방법원 2019.11.01 2019나1852

양수금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. D and the Defendant agreed on September 15, 1995 that the Defendant shall pay D KRW 30,000,000,000 when settling a partnership with D and the Defendant shall pay D as borrowed money, and the interest rate for 2% per month and the due date for payment was agreed on September 15, 1995.

On the other hand, D had a debt to the Plaintiff. On June 2, 1996, D transferred to the Plaintiff the interest claim on KRW 30,000,000 among the above credit against the Defendant and KRW 25,000,000 among them, and notified the Defendant thereof on June 2, 1996.

B. On March 31, 1998, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the above amount as Busan District Court Branch 97Kadan32712, and was sentenced to a judgment in favor of the Defendant on April 18, 1998. The above judgment was finalized on April 18, 1998.

The plaintiff filed a lawsuit again with Busan District Court Branch 2008Gadan9527 to suspend the extinctive prescription of the claim based on the above judgment. The above court rendered a judgment on October 7, 2008 that "the defendant shall pay to the plaintiff 30,000,000 won with 25,000 won per annum from June 2, 1996 to August 23, 2008, and 20% per annum from the next day to the date of full payment (hereinafter "the final judgment of this case"). The above judgment became final and conclusive on October 29, 2008.

C. On September 28, 2018, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of a claim based on the final judgment of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. In the instant lawsuit brought by the Plaintiff to suspend the extinctive prescription of the final and conclusive judgment of this case, the Defendant is obligated to pay the Plaintiff the remainder after deducting the amount of partial repayment from the amount of money ordered to be paid in the final and conclusive judgment of this case.

The Defendant repaid 2.5 million won to the Plaintiff on April 11, 2002.

유사 판례

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-부산지방법원동부지원 2020.01.22 2019가합107431

-울산지방법원 2019.05.28 2018가단25518

-부산지방법원동부지원 2019.06.05 2019가합301