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(영문) 수원지방법원성남지원 2020.03.20 2019가단13451
약정금
Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the evidence No. 1 of the judgment as to the cause of the claim, in the loan case filed against the defendant, the plaintiff can be acknowledged that "the defendant received a favorable judgment against the defendant that "the defendant shall pay to the plaintiff 10 million won and the amount calculated at the rate of 5% per annum from January 1, 1997 to March 31, 2007, and 20% per annum from the next day to the date of full payment" that "the defendant shall pay to the plaintiff 10 million won and the amount calculated at the rate of 10% per annum from the next day to the date of full payment."

Therefore, the defendant is obligated to pay to the plaintiff 10 million won with 5% interest per annum from January 1, 1997 to March 31, 2007 and 20% interest per annum from the next day to the day of full payment, unless there are other special circumstances.

2. As to the judgment on the defendant's defense, the defendant asserted that the above claim had ceased to exist over the extinctive prescription period, and according to the statement in Eul evidence No. 1, the above judgment became final and conclusive on April 27, 2007, and the fact that the lawsuit in this case was filed on August 1, 2019, which was about 10 years from the lawsuit in this case, is obvious, and thus, the above claim has expired by prescription.

Therefore, the defendant's defense is reasonable, and accordingly, the plaintiff's claim is without merit.

(2) In this regard, the Plaintiff asserts that the Plaintiff agreed to pay all the above obligations until December 31, 2016, and that the above assertion may be harming the Defendant’s re-argument of the interruption of prescription. However, even though the Defendant denied the existence of such an agreement, the Plaintiff did not submit any evidence proving the agreement in this lawsuit, so such agreement cannot be deemed to exist.).3. Conclusion, the claim in this case is dismissed as it is without merit, and it is so decided as per Disposition.

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