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(영문) 서울중앙지방법원 2016.12.23 2016나61039
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On January 20, 1996, the Seocho-gu District Court rendered a judgment that "the defendant shall pay the defendant 10,000,000 won with 25% interest per annum from October 1, 1996 to the day of full payment" and the above judgment became final and conclusive on August 17, 200, as it became final and conclusive on June 27, 200.

(hereinafter referred to as "first preceding judgment"). (b)

The Korea Asset Management Corporation received the claim for the amount of money in accordance with the first preceding judgment from the Seo-gu Seogjin-gun Fisheries Cooperatives, and filed a lawsuit against the defendant as Busan District Court 2005Gaso267559. On December 1, 2005, the above court rendered a judgment that "the defendant shall pay to the Korea Asset Management Corporation the amount of money in 20,762,314, and 10,000,00 won with 17% interest per annum from August 1, 2002 to the date of full payment," and the above judgment became final and conclusive on December 21, 2005.

(hereinafter referred to as “the second preceding judgment”). C.

After that, the Korea Asset Management Corporation recovered KRW 3,144,429 from the Defendant and appropriated it for principal, and transferred the remainder of the claim (principal principal KRW 6,855,571 and interest interest interest claim thereon) to the Plaintiff on September 18, 2012. On December 4, 2015, the Plaintiff filed the instant lawsuit for the extension of the prescription period of the claim pursuant to the second preceding judgment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, since the lawsuit of this case is for the extension of the extinctive prescription period of the claim established by the second preceding judgment, the defendant shall pay to the plaintiff 17% per annum from August 1, 2002 to the date of full payment, as to KRW 20,762,314 and its 6,85,571.

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