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(영문) 수원지방법원성남지원 2016.12.14 2016가단21086
시효연장의 소
Text

1. The defendant shall pay 24,897,620 won to the plaintiff and 20% per annum from August 29, 2007 to the day of complete payment.

Reasons

The plaintiff filed a lawsuit against the defendant, C, and D seeking the repayment of the loan to the defendant, and partly won at the court of first instance. The appellate court (U.S. District Court 2005Na20504) on May 1, 2006 shall pay 25,00,000 won to the plaintiff jointly and severally until June 30, 2006. If the defendant Co., Ltd delays the above payment, it shall pay damages for delay at the rate of 20% per annum from July 1, 2006 to the date of complete payment (hereinafter referred to as "reconciliation recommendation of this case"), 208,000 won per annum 208,70,700 won per annum 207,708,70,740,707, 207, 207, 207, 207, 200, 307, 307, 207, 2006.

According to the above facts, the defendant is obligated to pay to the plaintiff the unpaid amount of KRW 24,897,620 among the amounts according to the decision on the recommendation for reconciliation of this case and delay damages.

The defendant asserts that the defendant did not guarantee D's obligation, but the defendant cannot assert the fact that he could have asserted prior to the confirmation by res judicata effect of the final and conclusive decision of recommending reconciliation of this case. Thus, this part of the argument is without merit.

In addition, the defendant's obligation according to the decision of recommending reconciliation of this case shall be extinctive prescription.

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