beta
Text
1. The Defendant’s KRW 19,00,000 for the Plaintiff and the following: 20% per annum from December 2, 2009 to September 30, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff asserted that the Defendant sustained damages due to the Defendant’s tort and filed a claim for damages against the Defendant. On March 10, 2009, the above court rendered a settlement recommendation with the effect that “the Defendant shall pay the Plaintiff KRW 19,000,000 to the Plaintiff by December 1, 2009, but if the payment is delayed, the payment shall be paid in addition to the interest rate of 20% per annum from December 2, 2009 to the date of full payment” (hereinafter “instant decision”). The instant decision became final and conclusive on March 28, 2009.
B. On June 22, 2018, the Plaintiff filed the instant lawsuit in order to seek an extension of the extinctive prescription of claims pursuant to the instant decision.
[Reasons for Recognition: Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings]
2. Determination:
A. According to the above facts finding as to the cause of the claim, the lawsuit in this case is filed for an extension of prescription after the completion of the extinctive prescription is imminent after the decision in this case became final and conclusive, and there is a benefit in the protection of rights. Accordingly, the defendant is obligated to pay to the plaintiff 19,00,000 won and damages for delay calculated at the rate of 20% per annum from December 2, 2009 to September 30, 2015 and 15% per annum from the following day to the day of full payment.
B. The defendant's assertion is alleged to the purport that the plaintiff's claim is unjustifiable because the facts constituting the basis of the decision of this case are different from the actual ones. However, the decision of recommending reconciliation has the same effect as a judicial compromise if there is no objection within the prescribed period, and a judicial compromise has the same effect as a final and conclusive judgment, and if a compromise is made, the relationship of rights and obligations based on the previous legal relationship is extinguished and a new legal relationship arising from a judicial compromise is formed effective.
b) the Commission;