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(영문) 제주지방법원 2019.07.01 2019가단448
대여금
Text

1. As to KRW 36,150,684 and KRW 25,00,00 among them, the Defendant shall pay to the Plaintiff the year from May 18, 2019 to May 31, 2019.

Reasons

1. The main text of the above judgment of the Jeju District Court Decision 2008Gadan23438 Decided January 23, 2009 against the plaintiff by the defendant indicating the claim is as follows.

Of the loan claims confirmed as "the Defendant shall pay 25,00,000 won to the Plaintiff at a rate of 20% per annum from January 11, 2009 to the date of full payment," the sum of 27,000,000 won received from August 18, 2017 to December 31, 2018 shall be appropriated as part of the damages for delay, and the date for filing the lawsuit in this case shall be deemed as January 21, 2019, and the Plaintiff appears to have filed a lawsuit for the interruption of extinctive prescription pursuant to the foregoing final and conclusive judgment.

Therefore, notwithstanding the existence of a final and conclusive judgment, there is a benefit in the protection of rights to file a lawsuit in this case (i.e., payment (approval) by December 31, 2018, and thus, the extinctive prescription has already been interrupted and shall begin to run anew from January 1, 2019, and thus, may not be deemed as a situation where the extinctive prescription of the claim in this case is imminent. However, in such a case, the benefit in the protection of rights to file a lawsuit again after the lapse of 2028. However, considering that there is a concern that there is a concern that evidence regarding partial repayment of a claim may be produced during that period, the benefit in the protection of rights to the lawsuit in this case shall not be denied. 2.

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