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(영문) 부산지방법원 2017.05.16 2017가단9851

대여금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 31,605,897 and KRW 2,690,542 from January 18, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The following facts may be acknowledged in light of the purport of the entire pleadings in each of the evidence Nos. 1-1, 2, and 1-2.

1) On October 10, 1985, the Plaintiff filed a lawsuit with the Busan District Court 2006da200324 with respect to lending KRW 4,032,00 to the Defendant, and sentenced on January 19, 207 to the Busan District Court that “The Defendant shall pay to the Plaintiff 7,477,470 won and 4,032,000 won among them at the rate of 22% per annum from October 27, 1985 to the date of full payment.” The above judgment became final and conclusive on February 15, 2007. After which the Plaintiff collected part of the principal of the loan, the balance of the loan principal as of January 17, 2017 remains 2,690,542,6,6164,203,232,237,235 won and late payment charge.

3) The Plaintiff filed the instant lawsuit on January 31, 2017, following the ten-year lapse of the extinctive prescription period of the claim based on the foregoing final judgment. (B) According to the foregoing facts, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 22% per annum for KRW 31,605,897 (= KRW 2,690,542 won (= KRW 6,164,023 won), KRW 22,751,32, and the principal of the loan from January 18, 2017 to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant 1.B.

The claim of this claim is asserted to have become extinct by prescription.

B. The extinctive prescription of a claim established by a judgment is ten years pursuant to Article 165(1) of the Civil Act, since the period of extinctive prescription of the claim is ten years pursuant to Article 165(1) of the Civil Act, ten years have passed since the day following the date of the final judgment

A. On January 31, 2017, before the lapse of 10 years from the day following the date of the final judgment under paragraph (1), the instant lawsuit was brought against the Defendant. Therefore, the Defendant’s above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.