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(영문) 서울중앙지방법원 2018.11.29 2018가단5187106

대여금

Text

1. The Defendant’s KRW 431,586,110 among the Plaintiff and KRW 430,00,000 among the Plaintiff, shall be KRW 1,586,110 from August 2, 2003.

Reasons

Although the defendant did not dispute the facts stated in the attached cause of the claim, the plaintiff asserts to the effect that the plaintiff's re-instigation of the lawsuit in this case for the extension of the extinctive prescription of the claim under the payment order (Seoul Central District Court 2008Da41536) dated July 16, 2008 would give economic pressure to the defendant.

However, as long as the plaintiff's lawsuit of this case was instituted for the extension of extinctive prescription period of a claim established by the above payment order, there is a benefit of protecting rights as a lawsuit for interruption of extinctive prescription. Therefore,

Therefore, with respect to the Plaintiff KRW 431,586,110 and KRW 430,00,00 among them, the Defendant is obligated to pay to the Plaintiff 19% per annum from August 2, 2003 to July 25, 2018, the delivery date of each of the instant payment order, from November 17, 2003 to July 25, 2018, and the delay interest rate of KRW 15% per annum from the next day to the date of full payment.

If so, the plaintiff's claim is justified.