약정금
1. The defendant shall pay to the plaintiff KRW 175,00,000 per annum from October 31, 2008 to August 10, 2009 and shall be 5% per annum from August 31, 2008 to August 10, 2009.
1. On October 28, 2009, the plaintiff filed a lawsuit against the defendant for the agreed amount claim by Seoul Western District Court 2009Gahap8666, and on October 28, 2009, "the defendant shall pay to the plaintiff 175,00,000 won with 5% per annum from October 31, 2008 to August 10, 2009, and 20% per annum from August 11, 2009 to the date of full payment." The judgment was finalized on December 17, 2009.
The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.
2. In light of the purport of exceptionally allowing the instant lawsuit for the interruption of extinctive prescription of a claim based on a final and conclusive judgment, despite the res judicata effect of a final and conclusive judgment, it contradicts the res judicata effect of a judgment to change the main text of the final and conclusive judgment by public notice (Article 208(3)3 of the Civil Procedure Act).
(See Supreme Court Decision 2010Da61557 Decided October 28, 2010, etc.). However, it is so decided as per Disposition to the extent that the Plaintiff seeks in accordance with the legal doctrine of disposition right.