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(영문) 서울중앙지방법원 2018.09.12 2018가단5095412
양수금
Text

1. The defendant shall pay to the plaintiff 108,184,848 won and 33,000,000 won among them to the day of full payment.

Reasons

Attached Form

Facts of the cause of the claim shall not be disputed between the parties, or may be acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence 1 through 5.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 22% per annum from November 1, 2007 to the date of full payment of KRW 108,184,848, and the principal amount of KRW 33,000,000,00.

In regard to this, although the defendant asserted that the above claim for the amount of money was extinguished by prescription, if the purport of the whole pleading is added to the statement in Gap evidence 4, the plaintiff's application for the payment order against the defendant on February 26, 2018, which was within 10 years from February 29, 2008, which was the date when the judgment in the previous lawsuit became final and conclusive, was recognized, and thus the plaintiff's claim for the amount of money received against the defendant was not extinguished by prescription

Therefore, the defendant's defense is without merit.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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