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(영문) 서울남부지방법원 2016.11.23 2016가단21265

대여금반환

Text

1. The defendant shall pay to the plaintiff KRW 35,918,904 as well as 5% per annum from October 21, 2004 to June 7, 2006 and June 8, 2006. < Amended by Presidential Decree No. 19550, Jun. 8, 2006>

Reasons

1. On June 7, 2006, the plaintiff filed a lawsuit against the defendant for a loan claim with the court 2004da67114, and the court rendered a judgment on June 7, 2006 that "the defendant shall pay to the plaintiff 40 million won with 5% per annum from October 21, 2004 to June 7, 2006, and 20% per annum from June 8, 2006 to the day of full payment." The above judgment became final and conclusive on December 23, 2005 by the defendant's failure to appeal, and appropriated the principal for the extension of the statute of limitations period of limitations to the plaintiff 35,918,90 won (=400 million won), and the remaining principal amount remains to be extended to 40 million won (the period of extinctive prescription of this case).

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).