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(영문) 서울남부지방법원 2016.09.22 2016가단3717

대여금

Text

1. The defendant shall pay to the plaintiff KRW 110,00,000 as well as 20% per annum from August 19, 2005 to the day of full payment.

Reasons

1. Grounds for claim;

A. Although the Plaintiff lent KRW 192,00,000 to the Defendant, the Defendant did not repay the loan claim by the Seoul Southern District Court 2005Gahap7277, and filed a lawsuit against the Defendant on October 6, 2005 with the court, which rendered a favorable judgment that “the Defendant shall pay to the Plaintiff the amount equivalent to KRW 192,00,000 and the amount equivalent to KRW 20% per annum from August 19, 2005 to the date of full payment,” the judgment became final and conclusive.

B. After that, the Plaintiff received a partial repayment from the Defendant and 110,000,000 won loan remains. However, the Plaintiff filed the instant lawsuit for the extension of extinctive prescription on September 23, 2015, 10 years after the date when the said judgment became final and conclusive, as the Defendant did not perform his duties in accordance with the above judgment.

2. The plaintiff's assertion is with merit, in full view of the contents of evidence Nos. 1 and 5 and the purport of the whole argument.

3. Conclusion, the plaintiff's claim is justified.