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(영문) 서울북부지방법원 2019.04.05 2019가단149
약정금 상환 등
Text

1. The defendant shall pay to the plaintiff KRW 70,000,000 as well as 20% per annum from September 8, 2010 to the day of complete payment.

Reasons

1. On November 10, 2010, the Plaintiff initially filed a lawsuit against the Defendant for reimbursement of agreed amount, etc. with Seoul Central District Court Decision 2010Kadan297859, and rendered a favorable judgment against the Plaintiff to the effect that “the Defendant shall pay the Plaintiff the amount calculated at the rate of KRW 70,00,000 and the interest rate of KRW 20% per annum from September 8, 2010 to the date of full payment.” The judgment became final and conclusive on November 30, 2010.

The plaintiff institutes a lawsuit in this case with the same content for the interruption of extinctive prescription.

[Notwithstanding the res judicata of the above final and conclusive judgment, in light of the purport of allowing the instant lawsuit for the interruption of extinctive prescription of a claim based on the foregoing final and conclusive judgment, it is against the res judicata effect to make a substantive judgment that changes the text of the instant final and conclusive judgment (see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010). Therefore, the interest rate pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) is not applicable. 2.

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