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(영문) 서울중앙지방법원 2021.03.23 2020가단14091
시효연장 확인의 소
Text

1. The Seoul Eastern District Court 2009 Ghana 79980 Loans case to the Plaintiff on April 21, 2010 to the Defendant based on the conciliation protocol.

Reasons

1. Facts of recognition;

A. In the case of loans rendered by the Seoul Eastern District Court 2009 Ghana 79980, the conciliation was concluded on April 21, 2010 as follows (hereinafter “instant conciliation protocol”).

The defendant shall pay 35,000,000 won to the plaintiff.

However, 50,000 won out of the above money was paid in 291 as a separate judge of the Dong District Court on April 21, 2010, the remaining 34,500,000 won per month from May 201 to January 201, 201 shall be paid by the end of each month, and the remaining 30,000,000 won shall be paid in installments by the end of February 201.

If the defendant neglects the above payment at one time, the defendant shall lose the benefit of the installment payment deadline, and the defendant shall pay the remainder unpaid to the plaintiff at one time, and shall pay the remainder plus a delay damage at the rate of 20% per annum from the day after loss of the benefit of the deadline to the day of full payment.

B. The Plaintiff filed the instant lawsuit on April 20, 2020 for the interruption of extinctive prescription of the claim established by the instant conciliation protocol.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff has an interest in seeking confirmation that the instant lawsuit was filed as a judicial claim for the interruption of the statute of limitations for the extinguishment of claims based on the instant conciliation protocol (see Supreme Court Decision 2015Da232316, Oct. 18, 2018). 3. As such, the instant claim is reasonable and acceptable.

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