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(영문) 부산지방법원동부지원 2020.08.27 2020가단1501

소멸시효중단확인

Text

1. Claim under the conciliation protocol of the case between the plaintiff and the defendant in Busan District Court 2009 Ghana101264.

Reasons

1. In full view of the purport of Gap evidence No. 1’s argument as to the cause of the claim, it is recognized that conciliation has been completed on March 3, 2010, entered in the protocol as follows (hereinafter “instant conciliation”) in the loan lawsuit between the plaintiff and the defendant in Busan District Court 2009 Ghana 101264.

1. The Defendant shall pay the Plaintiff KRW 10,000,000, and shall be paid in installments from May 1, 201 to December 31, 201, KRW 500,000 on the fifth day of each month.

2. The Defendant shall lose the benefit of time when he delays the performance of the obligation described in paragraph 1 at one time, and shall pay to the Plaintiff the remainder calculated by deducting the amount paid up to that time from 17,00,000 won as a lump sum, with the interest of 20% per annum from the day following the day of delay until the day of complete payment.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

According to the above facts of recognition, the plaintiff's assertion seeking confirmation that there is a judicial claim for the interruption of extinctive prescription based on the above confirmed conciliation protocol is reasonable and the benefit of confirmation is also recognized.

2. The defendant's assertion and judgment alleged that the defendant has been paying interest under the above conciliation protocol to the plaintiff. However, the subject matter of the lawsuit seeking the interruption of extinctive prescription as in this case is limited to the legal relationship of interrupting prescription through a judicial claim for interruption of extinctive prescription with respect to specific claims for which judgment became final and conclusive, while excluding the substantive existence and scope of the claim, and there is no need to review the existence and scope of the claim

(see Supreme Court en banc Decision 2015Da232316, Oct. 18, 2018). Therefore, the Defendant’s assertion is without merit without any need to further examine the legitimacy thereof.

3. The plaintiff's claim of this case is justified.