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(영문) 수원지방법원안산지원 2019.01.11 2018가단14878

양수금(2008가합2958 소멸시효연장)

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1. The defendant shall pay to the plaintiff KRW 110,00,000 and interest rate of KRW 15% per annum from March 13, 2008 to the day of full payment.

Reasons

1. Indication of claim;

A. On June 27, 2007, the Plaintiff leased KRW 110,000,00 to D Co., Ltd. operated by the Defendant on July 5, 2007 at the maturity date. The Defendant jointly and severally guaranteed D’s above loan obligation around July 2, 2007.

B. On January 8, 2009, the Plaintiff filed a lawsuit against the Defendant for the payment of the amount of the said joint and several liability claim under the Suwon District Court Branch Decision 2008Gahap2958, and received the judgment that “the Defendant shall pay the Plaintiff 110 million won and the amount calculated at the rate of 20% per annum from March 13, 2008 to the date of full payment,” and the above judgment became final and conclusive around that time.

The plaintiff has the interest to file the lawsuit in this case for the interruption of the prescription period for the above joint and several liability claim.

C. Therefore, the defendant is obligated to pay to the plaintiff 10,000,000 won and damages for delay calculated at the rate of 15% per annum from March 13, 2008 to the date of full payment.

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