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(영문) 서울중앙지방법원 2015.11.24 2015가단5161042
양수금
Text

1. The defendant shall pay to the plaintiff KRW 194,986,068 and KRW 78,879,250 among them from May 20, 2015 to the day of full payment.

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 Gap evidence Nos. 1 through 7 (including the serial number).

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

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

The Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) received a favorable judgment on June 15, 2005 by filing a claim for reimbursement against the Defendant under the Jeju District Court 2005Kadan3716. The above judgment became final and conclusive on July 9, 2005, and Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire and Marine Insurance”) received a favorable judgment on June 7, 2006 by filing a claim for reimbursement against the Defendant under the Seoul Central District Court 2006Kadan67853, and the above judgment became final and conclusive on July 19, 2006, and it is clear that the Plaintiff acquired each of the above claims from Seoul Guarantee Insurance and Samsung Fire and Marine Insurance, and that the Plaintiff filed the instant lawsuit against the Defendant on May 28, 2015.

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

Therefore, the plaintiff's second defense is reasonable, and the defendant's defense is therefore groundless.

3. If so, the plaintiff's claim is reasonable and acceptable.

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