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(영문) 서울중앙지방법원 2016.02.16 2015가단5239358
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 66,162,131 and KRW 30,049,195 among them from July 20, 2015.

Reasons

1. The facts constituting the cause of the claim in the annexed sheet may be acknowledged in full view of the whole purport of the pleadings in each of the statements in the annexed sheet Nos. 1 through 6 (including the paper numbers).

According to the above facts of recognition, the defendant is obligated to pay the money stated in the order to the plaintiff.

2. On the plaintiff's defense that the statute of limitations for each of the claims of this case has expired for five years from the due date, the plaintiff re-claimed that the statute of limitations has been extended to ten years after receiving a judgment and a payment order with respect to each of the claims of this case.

In light of the overall purport of the arguments, Gap evidence Nos. 5 and 6 (including paper numbers) against the defendant Gap, the Gangnam Sungsung District Court ordered payment on August 23, 2005 by applying for an order of payment under the Gangnam Branch Branch of the Chuncheon District Court (2005Hu3353). The above payment order was finalized on September 14, 2005, and the Korea Overseas Exchange Bank of Korea (hereinafter "Korea Exchange Bank") filed a lawsuit of claiming the use of credit card under the Gangnam Branch Branch of the Chuncheon District Court (2005No7832, Aug. 19, 2005. The above decision was finalized on Sep. 19, 2005; the Samsung High Court (hereinafter "Korea Marine Insurance Co., Ltd.") received the above loans from the defendant Samsung High District Court; and it was affirmed on Sep. 207, 2005 by filing a lawsuit directly against the defendant Samsung High District Court; and it was affirmed on May 28, 2007.

According to the above facts, the period of prescription of each of the bonds of this case was extended to 10 years due to the above final judgment and payment order, and the lawsuit of this case was filed prior to the completion of the extinctive prescription.

As such, the plaintiff's re-appeal is justified, and eventually, it is eventually justified.

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