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(영문) 창원지방법원진주지원 2015.04.14 2014가단9362
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 123,879,120 among the above amount and KRW 30,000,000,000,000.

Reasons

1. Facts of recognition;

A. On September 2, 2004, the Plaintiff filed a lawsuit against the Defendant and the Network C with Jinwon District Court for a loan claim under the Jinwon District Court Jinju Branch 2004Kadan8711, and sentenced on September 2, 2004, “The Defendant and C jointly pay to the Plaintiff the amount of KRW 30,000,000 and the amount of KRW 20.4% per annum from April 30, 1999 to the date of complete payment,” and the above judgment became final and conclusive on September 24, 2004.

B. After the sentence of the above judgment, C died, and C’s inheritor renounced C’s inheritance.

C. The Plaintiff filed the instant lawsuit against the Defendant for the extension of extinctive prescription of claims based on the above judgment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 123,879,123 won (=interest interest of 93,879,123 won at the rate of 20.4% per annum from April 30, 1999 to August 31, 2014 (original interest of 93,879,120 won) with interest of 20.4% per annum from April 30, 1999 to August 31, 2014) which the plaintiff seeks, unless there are special circumstances.

B. As to the judgment of the defendant's assertion, the defendant alleged that the plaintiff paid KRW 30 million each month to the plaintiff as repayment of principal, but there is no evidence to acknowledge the above assertion, and the above argument of the defendant is without merit.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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