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(영문) 서울북부지방법원 2018.06.19 2018가단105986
양수금
Text

1. As to KRW 104,658,344 and KRW 12,261,727 among the Plaintiff, the Defendant shall start from January 10, 2018 to January 22, 2018.

Reasons

1. According to the statements in Gap evidence Nos. 1 through 13, the facts as shown in the reasons for the claim can be acknowledged.

Therefore, the Defendant is obligated to pay to the Plaintiff 104,658,344 and KRW 12,261,727 per annum from January 10, 2018 to January 22, 2018; and KRW 15% per annum from the next day to the date of full payment; and KRW 28,329,37 per annum from January 10, 2018 to the date of full payment.

2. The defendant's assertion that the above claim was extinguished by prescription, but according to the evidence No. 14, the defendant's assertion that the National Agricultural Cooperative Federation applied for a payment order against the defendant on March 23, 2011 as the same cause of claim as this case, and the original copy of the payment order was served on April 4, 201 and confirmed on April 19 of the same month, and pursuant to Article 424 of the Civil Procedure Act and Article 165 (2) of the Civil Act, since the period of extinctive prescription is extended to ten years even if the claim established in the payment order constitutes a short term extinctive prescription, the defendant's assertion is therefore groundless.

3. If so, the plaintiff's claim is reasonable and it is so decided as per Disposition.

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