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(영문) 서울중앙지방법원 2018.01.25 2017가합30106
대여금 청구의 소
Text

1. The Defendant’s KRW 777,400,000 and annual 20% from March 9, 2007 to September 30, 2015 to the Plaintiff.

Reasons

1. On August 22, 2007, the Plaintiff filed a lawsuit against the Defendant seeking the payment of loans with Seoul Eastern District Court 2007Gahap6015, and sentenced the Plaintiff to a partial winning judgment on August 22, 2007, stating that “The Defendant shall pay the Plaintiff the amount of KRW 777,400,000 and the interest rate of KRW 20% per annum from March 9, 2007 to the date of full payment.” The above judgment was finalized on September 22, 2007.

The Plaintiff was unable to receive the claim established by the above judgment from the Defendant until now, and the above claim is expected to be completed ten years of extinctive prescription, and thus, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. Pursuant to the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 25, 2015, the part exceeding the rate of 15% per annum from October 1, 2015 to the date of full payment among the Plaintiff’s claim for damages for delay against the Defendant is dismissed.

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