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Reasons
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(영문) 창원지방법원 진주지원 2018.07.04 2018가합148
대여금
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1. The defendant's KRW 260,000,000 as well as 5% per annum from February 1, 2008 to May 14, 2008, and the following.

Reasons

1. Facts of recognition;

A. On January 1, 2008, the Plaintiff asserted that the Defendant lent KRW 260 million to the Defendant by Jinwon District Court, Jinwon District Court, 2008 tea102, and that the Deceased lent KRW 260 million to the Defendant on January 1, 2008, and filed an application for the payment order seeking payment of KRW 260 million and delay damages.

B. On May 9, 2008, the above court issued an order to pay to the deceased 260 million won with 5% per annum from February 1, 2008 to May 14, 2008 (the service date of the original payment order) and 20% per annum from the next day to the day of complete payment (hereinafter “existing payment order”). This was finalized on May 29, 2008.

C. On January 14, 2014, the Deceased died. Around March 2014, coinheritors D, E, F, G, H, and the Plaintiff consulted on the division of inherited property with the content of the Plaintiff’s sole inheritance of the claims under the previous payment order.

On March 21, 2018, the Plaintiff filed an application for a payment order with the Changwon District Court 2018Guj32 in order to seek the extension of the prescription period of a claim under the existing payment order. On March 23, 2018, the said court issued the payment order on March 23, 2018, and the Defendant filed an objection against the payment order on April 2, 2018.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The lawsuit of this case is for the extension of extinctive prescription period of the claim established by the existing payment order and has interest in the lawsuit.

The defendant is obligated to pay the plaintiff 20 million won with 5% interest per annum from February 1, 2008 to May 14, 2008, 20% interest per annum from the next day to May 29, 2018, and 15% interest per annum from the next day to the date of full payment.

3. The defendant's assertion that the defendant is not allowed to enforce compulsory execution based on the existing payment order.

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