beta
(영문) 서울중앙지방법원 2016.02.03 2015가합26288

판결금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 538,00,000 and the above amount of KRW 150,000,000 from September 9, 2015 to the day of full payment.

Reasons

Description of Claim

On September 9, 2002, the Plaintiff lent the amount of KRW 150 million to the Defendant at 24% per annum and six months after the due date.

On February 5, 2005, the plaintiff filed a lawsuit against the defendant for the return of loans, and the defendant was sentenced to the payment of KRW 150,000,000 and damages for delay at the rate of 24% per annum from September 9, 2002 to the date of full payment.

(Seoul Central District Court Decision 2005Kahap11041 delivered on August 23, 2005; Seoul High Court Decision 2006Na92099 delivered on November 2, 2007). On November 2, 2005, the Plaintiff received payment of KRW 80 million from the Defendant and appropriated it to the interest equivalent to the same amount among the above final judgment claims.

The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.

Articles 208(3)3 and 194 of the Civil Procedure Act of the applicable provisions of Acts (Judgment by public notice)