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1. The defendant shall pay to the plaintiff the amount of KRW 134,338,602 and KRW 37,446,089 from February 15, 2018 to the day of full payment.
Reasons
1. The facts such as the entry of the cause of the claim in the attached Form (Provided, That the “creditor” shall be “Plaintiff”, and the “debtor” shall be “Defendant” shall be deemed to be “Defendant”) do not conflict between the parties, or can be acknowledged according to the overall purport of each entry and pleading in the evidence Nos. 1 through 4 (including the provisional number)
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 134,338,602 won in total and interest 134,338,602 won in total and interest 37,446,089 won in total and interest 15% per annum from February 15, 2018 to the day of full payment.
2. As to this, the defendant asserts that the extinctive prescription has expired, the period of extinctive prescription shall be ten years for the claim established by the judgment (Article 165(1) of the Civil Act). The plaintiff filed an application against the defendant for a payment order for transfer money with the same content as the cause of the claim of this case under the Incheon District Court Decision 2008 teab28000, and the above court issued a payment order accepting the plaintiff's application on March 19, 2008. The above payment order was finalized on April 8, 2008. The fact that the above payment order became final and conclusive on April 28, 2018 is clear that the plaintiff filed an application for the payment order on February 28, 2018, which is ten years after the date on which the above payment order became final and conclusive, and since the plaintiff's claim against the defendant was interrupted on February 28, 2018, the above defendant's assertion is without merit.
3. If so, the plaintiff's claim is reasonable and acceptable.