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(영문) 전주지방법원 2021.03.17 2020가합4859

대여금

Text

The Plaintiff, Defendant B, 220,000,000 won, and Defendant C, jointly and severally with Defendant B, shall be KRW 136,000,000 out of the said money and each said money.

Reasons

1. Indication of claim;

A. The Plaintiff filed a lawsuit against the Defendants with the Jeonju District Court 2008, 8842, which decided on June 29, 2010 that “Around August 31, 2010, Defendant B shall pay to the Plaintiff KRW 220,00,000, and Defendant C shall jointly and severally with Defendant B the amount of KRW 136,00,000 out of the said amount, and if each of the above amounts is not paid by the payment date, the settlement recommendation was made to the Defendants that “the late payment shall be made at a rate of 20% per annum from the day following the payment date to the day of full payment,” and the above settlement recommendation was finalized on July 20, 2010 for Defendant B and September 7, 2010 for Defendant C.

B. The Plaintiff sought payment of the original claim and damages for delay against the Defendants by the instant lawsuit in order to suspend the interruption of the statute of limitations for the claim upon the recommendation of reconciliation.

2. Applicable legal provisions: Article 208 (3) 3 of the Civil Procedure Act (Judgment by service by publication);