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(영문) 인천지방법원 2019.07.04 2018가단253535

준소비대차금

Text

1. The defendant shall pay 62,700,000 won to the plaintiff and 25% per annum from February 15, 1997 to the day of complete payment.

Reasons

1. According to Gap evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the above court affirmed the judgment of the plaintiff on Dec. 6, 2007, "The defendant and C have appropriated 62,70,000 won to each plaintiff, and 62,70,000 won from December 7, 1996 to the defendant for delay damages from December 18, 1996 to December 25, 1997, and from February 27, 1997 to December 137, 197, which the plaintiff raised against the defendant and C in order to seek extension of the prescription period of the defendant and C (hereinafter "the judgment No. 1"), and that "the defendant and C have appropriated 62,70,000 won for delay damages from December 7, 1996 to the defendant's repayment damages from December 25, 196 to 25% per annum 196, 200, 197.

The Defendant is obligated to pay to the Plaintiff the principal amounting to KRW 62,700,000 as well as damages for delay calculated at the rate of 25% per annum from February 15, 1997 to the day of full payment, which is the day following the day on which the Defendant received damages for delay.

2. Judgment on the defendant's assertion

A. On July 24, 1996, the Defendant paid KRW 50,000,000 to the Plaintiff on July 24, 1996 by agreement with the Plaintiff, and all of the above judgment claims were extinguished.

B. The grounds for the Defendant’s assertion are not allowed in conflict with the res judicata of the final and conclusive judgment, as the grounds arising prior to the closing of argument in the first final and conclusive judgment.

The defendant's assertion is not accepted.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.