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(영문) 대전지방법원공주지원 2020.11.25 2020가합76

시효중단을 위한 손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 220,00,000 and the interest rate of KRW 5% per annum from January 1, 2012 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings as to the grounds for the claim Gap's evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant on March 25, 2010 against Daejeon District Court official branch office 2010Kahap206. The lawsuit against the plaintiff on June 10, 2010 is acknowledged that "the defendant shall pay the plaintiff KRW 220 million until December 31, 201, and if delay, the plaintiff shall pay the unpaid amount plus damages for delay calculated at 5% per annum from the date following the due date until the due date of payment." However, the defendant did not pay damages that the plaintiff has become final and conclusive by the above conciliation, and the plaintiff filed the lawsuit of this case to suspend the extinctive prescription of the claim finalized by the above conciliation.

Since it is recognized that the plaintiff needs to file the lawsuit in this case for the interruption of the extinctive prescription of the claim established by the above conciliation, the defendant is obligated to pay to the plaintiff 20 million won as prescribed by the above conciliation and delay damages calculated at the rate of 5% per annum from January 1, 2012 to the day of complete payment, which is the day following the due date.

2. In conclusion, the claim of this case is justified, and it is so decided as per Disposition.