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(영문) 서울북부지방법원 2018.05.03 2018가합132
대여금
Text

1. The defendant shall pay to the plaintiff KRW 300,000,000 as well as 5% per annum from June 10, 2006 to December 5, 2007.

Reasons

1. Indication of claim;

A. On April 16, 2008, the Plaintiff filed a lawsuit against the Defendant for a loan claim with the Seoul Northern District Court Decision 2007Gahap8772, and sentenced the said court to “the Defendant shall pay the Plaintiff 300,000,000 won with 5% per annum from June 10, 2006 to December 5, 2007, and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive on May 8, 2008.

B. The Plaintiff filed the instant lawsuit against the Defendant for the interruption of extinctive prescription of the said judgment amount.

2. A judgment by public notice based on recognition (Article 208(3)3 of the Civil Procedure Act) [Article 208(3)3 of the same Act] [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 notwithstanding the res judicata of the final and conclusive judgment, it is against the res judicata effect to make a substantive judgment changing the main text of the final and conclusive judgment (see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010). As such, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept.

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