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(영문) 서울중앙지방법원 2020.06.19 2019가단5246736
양수금
Text

1. The defendant shall pay to the plaintiff 448,426,854 won and 169,161,426 won among them to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiff, who acquired the claim for a loan from the Co., Ltd. to the Defendant, filed a lawsuit claiming the above amount against the Defendant.

On October 27, 2009, the Seoul Central District Court rendered a judgment that "the defendant shall pay to the plaintiff 448,426,854 won and 169,161,426 won per annum 19% per annum from August 6, 2009 to the date of full payment, with 17% per annum from August 6, 2009 to the date of full payment." The above judgment became final and conclusive on November 25, 2009.

(2) On August 20, 2019, the Plaintiff filed the instant lawsuit for the extension of extinctive prescription of the claim for the amount of money that became final and conclusive.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. According to the above facts of recognition, ten years have passed since the judgment on the above-mentioned claim for transfer money became final and conclusive, and the plaintiff filed the lawsuit in this case for the extension of extinctive prescription, and thus, the defendant is obligated to pay to the plaintiff the money that the court ordered payment.

2. Thus, the defendant is obligated to pay to the plaintiff 448,426,854 won and 169,161,426 won with 19% interest per annum from August 6, 2009 to the date of full payment, 15,00,000 won with 17% interest per annum from August 6, 2009 to the date of full payment. Thus, the plaintiff's claim of this case is justified.

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