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(영문) 춘천지방법원 원주지원 2021.01.12 2020가단1768

약정금

Text

1. The Defendant’s KRW 37,500,000 and the Plaintiff’s annual interest from April 1, 2002 to October 9, 2009 and the following.

Reasons

1. According to the evidence evidence evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant for the agreed amount claim (Jacheon District Court 2009Ga 12435, Jan. 13, 2020, "the defendant shall pay to the plaintiff the amount of KRW 37,500,000 per annum from April 1, 2002 to October 9, 2009, and the amount of KRW 20% per annum from the following day to the full payment date (hereinafter "the judgment of this case"). The judgment of this case is delivered to the defendant on February 27, 2010, and it is recognized that the judgment of this case became final and conclusive on March 13, 2010.

2. The plaintiff filed the lawsuit in this case for the extension of the prescription period of the claim established by the judgment of this case, and the defendant is obligated to pay the claim to the plaintiff according to the judgment of this case.

In regard to this, although the defendant asserts that he had already repaid the agreed amount before the judgment of this case, it is difficult to recognize it only by the statement of evidence Nos. 1 and 2, and it is contrary to the res judicata of the judgment of this case where he asserts the incentive repayment prior to the conclusion of argument of this case. Thus, the defendant's above assertion is groundless as it is not just.

3. According to the conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.