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(영문) 서울중앙지방법원 2015.10.02 2015가단5055482
양수금
Text

1. The defendant shall pay to the plaintiff KRW 30,124,959 and the amount of KRW 6,082,535 among them, from February 23, 2015 to the date of full payment.

Reasons

1. The facts supporting the judgment as to the cause of the claim do not conflict between the parties, or are recognized in full view of the overall purport of the pleadings as to the evidence Nos. 2-2, 3-2, 4-1, 2, and 7 of the evidence Nos. 4-2, and 7. Thus, barring any special circumstance, the defendant is liable to pay the plaintiff the money stated in the text

2. Judgment on the defendant's defense of extinctive prescription

A. The Plaintiff filed the instant lawsuit after the lapse of the five-year extinctive prescription period.

B. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 7, the instant lawsuit was brought for the interruption of extinctive prescription in the loans case finalized by the Seoul Central District Court Decision 2004Gapo2205828, which became final and conclusive around that time, and the said judgment became final and conclusive around April 19, 2005. The instant lawsuit can be acknowledged as being brought on March 6, 2015, where ten years have not passed since it was rendered.

Therefore, the defendant's assertion that the extinctive prescription has expired is without merit.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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