beta
(영문) 서울동부지방법원 2015.08.28 2015가단12018

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 27,00,000 and the interest rate of KRW 20% per annum from April 22, 2015 to the day of complete payment.

Reasons

According to Article 257 of the Civil Procedure Act, the plaintiff loaned 27 million won to the defendant on July 30, 2002 by the due date until July 20, 2003. The defendant did not repay the above money, and the plaintiff filed a lawsuit against the defendant as Seoul Central District Court Decision 2004Da392845, and on May 26, 2005, "the defendant shall pay to the plaintiff 27 million won with 5% per annum from July 21, 2003 to April 21, 2005, and 20% per annum from the next day to the date of full payment." It can be acknowledged that the above judgment became final and conclusive on June 15, 2005.

Meanwhile, as long as the Plaintiff filed the instant lawsuit on April 1, 2015, immediately before the expiration of the extinctive prescription period of the foregoing judgment claim, the right to file the instant lawsuit is recognized. Therefore, the Defendant is obligated to pay to the Plaintiff 27 million won of the loan principal and 20% interest per annum as requested by the Plaintiff from April 22, 2015 to the day following the day of delivery of the copy of the instant complaint, as requested by the Plaintiff.

If so, the plaintiff's claim is justified.