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(영문) 서울북부지방법원 2018.08.23 2018가합712

대여금

Text

1. The defendant shall pay to the plaintiff KRW 1,026,803,424 and KRW 445,00,000 among them. The defendant shall pay to the plaintiff full payment from December 14, 2006.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. A judgment with no basis for recognition (Articles 208(3)1 and 257(1) of the Civil Procedure Act) [Article 208(3)1 and Article 257(1) of the same Act] [In light of the purport of allowing the instant lawsuit for the interruption of extinctive prescription, notwithstanding the res judicata effect of the instant final and conclusive judgment, it is against the res judicata effect to make a substantive judgment changing the text of the instant final and conclusive judgment (see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010). As such, the interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 2