A. The Plaintiff asserted that the Defendant lent KRW 170,000,000 on January 16, 2006 to the Defendant, but did not have been repaid, and the Plaintiff filed a lawsuit claiming a loan under this Court 2009Gahap652.

B. On July 15, 2009, the following mediation (hereinafter “instant mediation”) was concluded between the original Defendant and the original Defendant. Since then, the Defendant did not have paid money to the Plaintiff pursuant to Article 1(1) of the mediation clause.

1. The defendant shall pay 154,000,000 won to the plaintiff until October 31, 2009, and if he pays it in arrears, he shall pay the above amount by adding the damages for delay at the rate of 20% per annum from the next day to the day of full payment.

2. The plaintiff waives the remaining claims.

3. Litigation costs and conciliation costs shall be borne by each person;

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Determination:

A. Even if there exists a final and conclusive protocol of conciliation in which res judicata has become final and conclusive with respect to monetary claims, an exceptional suit is instituted for the interruption of extinctive prescription in cases where the ten-year period for a claim is imminent; and in such a case, the judgment in the subsequent suit shall not conflict with the content of the protocol of conciliation in the prior suit (see Supreme Court en banc Decision 2018Da22008, Jul. 19, 201

B. According to the facts acknowledged earlier, the instant conciliation was concluded on July 15, 2009, and it is apparent in the record that the Plaintiff filed the instant lawsuit for the extension of the prescription period on May 10, 2019, immediately before the lapse of 10 years from the date of the formation of the conciliation. Accordingly, pursuant to the aforementioned conciliation provisions, the Defendant is obliged to pay damages for delay calculated at the rate of 20% per annum from November 1, 2009 to June 20, 2019, the delivery date of a copy of the complaint of this case sought by the Plaintiff from November 1, 2009 to the date of the delivery of a copy of the complaint of this case, and from the next day to the date of complete payment, at each interest rate of 12% per annum sought by the Plaintiff within the scope of the conciliation provisions.