logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.12.21 2016가단14660
보증금등 반환
Text

1. The defendant's KRW 50,000,000 and its amount shall be 20% per annum from August 13, 2005 to September 30, 2015 to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 14, 2005, the Plaintiff entered into a contract for the supply of by-products with the Defendant. At that time, the Plaintiff paid KRW 50,000,000 to the Defendant as security deposit.

B. After that, the Defendant’s suspension of the supply of by-products to the Plaintiff, the said contract was terminated.

C. On August 4, 2005, the Plaintiff filed a lawsuit against the Defendant as Seoul Eastern District Court 2005Kadan41505, and on October 20, 2005, the said court rendered a favorable judgment against the Plaintiff that “the Defendant shall pay the Plaintiff KRW 50,000,000 and the amount equivalent to 20% per annum from August 13, 2005 to the date of full payment,” and the said judgment became final and conclusive on November 11, 2005.

The Plaintiff filed the instant lawsuit for the extension of the statute of limitations for the final and conclusive judgment.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1, purport of whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 50,000,000 won with 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 13, 2005 to September 30, 2015, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. Defendant’s assertion that the statute of limitations has expired since the ten-year statute of limitations expired.

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 2 and 3, the Plaintiff filed a lawsuit against the Defendant on September 17, 2015, which was before the expiration of the extinctive prescription period of the foregoing judgment claim, and was concluded on February 16, 2016. The Plaintiff again filed the instant lawsuit against the Defendant on April 28, 2016.

Article 170 (1) of the Civil Code provides that a claim for judgment shall be dismissed, dismissed, or withdrawn.

arrow