beta
Text
1. The defendant shall pay 128,376,540 won to the plaintiff and 12% per annum from August 2, 2019 to the day of complete payment.
Reasons
1. Presumption
A. On July 20, 2009, the Plaintiff filed with the Busan District Court an application for the payment order against the Defendant for the payment of KRW 42,800,000, and damages for delay calculated at a rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment. On July 21, 2009, the above court issued the payment order ordering the payment of the above loan (hereinafter “previous payment order”).
(B) Busan District Court 2009j18866).
The defendant was served with the original copy of the previous payment order on July 29, 2009, and the previous payment order was finalized on August 13, 2009.
[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings
2. In principle, in a case where a judgment order on the cause of claim becomes final and conclusive, the same effect as that of a final and conclusive judgment is identical to that of a final and conclusive judgment and re-instigation of a lawsuit with such contents does not have any benefit in the protection of rights: Provided, That if the re-instigation of
The Plaintiff’s application for the instant payment order on July 26, 2019, when the ten-year extinctive prescription period of the loan claim based on the previous payment order was imminent, is apparent in the record. As such, the instant lawsuit has a benefit of lawsuit as re-instigation of a suit for the interruption of extinctive prescription.
Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff 128,376,540 won (if the Plaintiff combines with loans 42,80,000 won under the previous payment order and damages for delay calculated by 20% per annum from July 30, 2009 to July 29, 2019 after the previous payment order was served on the Defendant, it is apparent that the amount to be claimed would exceed the amount to be claimed by the Plaintiff) and damages for delay calculated by 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 2, 2019 to the date after the original copy of the instant payment order was served on the Defendant.
As to this, the defendant has contacted the plaintiff for about 10 years.