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(영문) 서울동부지방법원 2016.03.18 2015가단40273
대여금
Text

1. The Defendant’s KRW 30,000,000 as well as 20% per annum from October 6, 2005 to September 30, 2015 to the Plaintiff.

Reasons

1. According to Article 257(1) of the Civil Procedure Act, the Plaintiff filed a lawsuit against the Defendant for a loan claim with Seoul Eastern District Court Decision 2005Da32594, and on October 27, 2005, the judgment of the court below that “the Defendant shall pay to the Defendant 30 million won with interest rate of 20% per annum from October 6, 2005 to the day of full payment,” and it is recognized that the above judgment became final and conclusive.

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 30 million won with 20% interest per annum from October 6, 2005 to September 30, 2015 and 15% interest per annum from the next day to the day of complete payment.

(Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from October 6, 2005 to the date of full payment, but the amendment by Presidential Decree No. 26553, Sept. 25, 2015, which was enforced on October 1, 2015, under the main sentence of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Article 2(2) of the Addenda, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings shall be calculated at 15% per annum from October 1, 2015, and thus, the above excess portion claim cannot be accepted). Moreover, the lawsuit of this case brought for the interruption of extinctive prescription of the above judgment claim is entitled to protection of rights, notwithstanding the existence of a final judgment of winning.

3. Therefore, the plaintiff's claim is accepted within the scope of the above recognition.

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