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(영문) 창원지방법원 2017.07.26 2017가단6583

대여금

Text

1. The Defendant’s KRW 148,936,00 for the Plaintiff and its related KRW 20% per annum from August 8, 2007 to September 30, 2015, and October 1, 2015.

Reasons

1. 1) The Defendant did not pay the Plaintiff KRW 148,936,00 to the Plaintiff despite the existence of the obligation, and the Plaintiff failed to pay the Plaintiff, and the order for payment of the price for the goods was finalized by the Changwon District Court in the Changwon District Court in 2007. 2) Since the extinctive prescription period of the claim based on the final and conclusive order for payment becomes more than 10 years and it is difficult to enforce compulsory execution, the Defendant again sought a judgment, such as the purport of the claim, for interruption of extinctive prescription.

2. Judgment without any ground (Articles 208 (3) 1 and 257 of the Civil Procedure Act);