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(영문) 대전지방법원 2017.05.10 2016가합2530

대여금(시효연장)

Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: 846,173,900 won;

B. Defendant C Co., Ltd. and Defendant D are Defendants B.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendants, and was sentenced on November 15, 2006 to Daejeon District Court 2006Gahap9365, "The defendant B Co., Ltd. (hereinafter "B") jointly and severally against the plaintiff 460,000,000 won and the defendant C Co., Ltd. (hereinafter "B") from June 16, 2006, from June 29, 2006, and from June 29, 2006, the defendant Eul Co., Ltd. (hereinafter "C") and the defendant D paid money at the rate of 20% per annum from September 21, 2006 to the day of full payment." The above judgment was finalized on December 9, 2006.

(hereinafter “instant judgment”). (b)

On April 5, 2007, the Plaintiff received reimbursement of KRW 227,182,131 from Defendant E.

The amount of the above repayment was appropriated in sequence to KRW 49,654,794 and principal KRW 177,527,337 calculated by the rate of 20% per annum from September 21, 2006 to April 5, 2007, and the remaining principal was 282,472,663 (=460,000,000 - KRW 17,527,337).

【Defendant B: A without dispute, each entry of Gap evidence 1 through 8, the purport of the whole pleadings, defendant C, D, and E: Decision by service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of damages for delay calculated at the rate of 20% per annum from October 19, 2016 to the day of full payment with respect to the principal amount of KRW 282,472,663 of the pertinent principal and interest as stated in the following table and each of the said amounts.

In addition, the Plaintiff has the interest in filing a lawsuit for claim based on the above final judgment to interrupt the extinctive prescription of the instant judgment.

The Defendant’s principal and interest amounting to KRW 20 per annum from June 16, 2006 to September 20, 2006, as to KRW 24,449,315 won per annum from June 16, 2006 to KRW 282,472,663 of the principal and interest of KRW 20 per annum from April 6, 2007 to October 18, 2016, the remainder of KRW 282,472,63 of the principal and interest of KRW 460,00 per annum 20% per annum from April 6, 2007 to October 18, 2016. < Amended by Presidential Decree No. 19539, Jun. 29, 2006>