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(영문) 의정부지방법원 2019.11.13 2019가단14295

소멸시효연장

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1. The defendant shall pay to the plaintiff KRW 150,00,000 and KRW 70,000 among them, from July 10, 2007 to the day of full payment.

Reasons

1. The plaintiff alleged that the plaintiff lent 150,000,000 won to the defendant on February 26, 2007 and 75,000,000,000 won on May 20, 2007, and 70,000,000 won on July 10, 2007, respectively, against the defendant as the Jungyang-si District Court Decision 2009,2072, and the plaintiff applied for a payment order seeking the payment of the loan amounting to 150,00,000,000 won and delay damages thereon, and the payment order was issued as of May 22, 2009.

On June 11, 2009, the above payment order was finalized because the defendant did not raise an objection.

On May 8, 2019, the Plaintiff filed the instant lawsuit seeking the payment of KRW 150,000,000 against the Defendant for the interruption of extinctive prescription of the foregoing loan claim and its delay damages.

2. Article 208 (3) 3 of the Civil Procedure Act:

3. Inasmuch as the instant lawsuit seeking the interruption of extinctive prescription as to the burden of litigation costs is an act of managing and preserving claims, it is reasonable for an obligee to bear the relevant litigation costs even if the obligee won the lawsuit as the Plaintiff.

(See Supreme Court Decision 2015Da232316 Decided October 18, 2018, etc.)