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(영문) 의정부지방법원고양지원 2019.08.14 2019가단5027

시효연장

Text

1. The defendant shall pay 36,00,000 won to the plaintiff and 20% per annum from March 1, 2011 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 20, 2010, the Plaintiff filed a lawsuit against the Defendant seeking payment of the amount of KRW 69 million and damages for delay with the High Government District Court 2009Da33917, and the conciliation was concluded between the Plaintiff and the Defendant on August 20, 2010 during the said lawsuit.

The mediation clause is as follows:

The defendant shall pay 36 million won to the plaintiff by the end of February 2011, but in the event of default, it shall be paid at the rate of 20% per annum from the day following the date of payment to the day of full payment.

B. On February 1, 2011, the Defendant did not pay KRW 36 million to the Plaintiff by the end of February 201, and the Plaintiff filed the instant lawsuit on April 12, 2019 for the extension of the prescription period of claims under the said conciliation protocol (hereinafter “instant conciliation protocol”).

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, according to the instant conciliation protocol, the Defendant is obligated to pay to the Plaintiff KRW 36 million and damages for delay calculated at the rate of 20% per annum from March 1, 2011 to the date of full payment. The instant lawsuit for the interruption of prescription based on the instant conciliation protocol is a benefit of lawsuit.

3. The plaintiff's claim for conclusion is justified and accepted.