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(영문) 광주지방법원 순천지원 2018.11.15 2018가합12026
(소멸시효 연장을 위한) 약정금
Text

1. The defendant shall pay to the plaintiff KRW 600,000,000 per annum from March 31, 2007 to October 8, 2008.

Reasons

1. The plaintiff filed a lawsuit claiming the agreed amount against the defendant and lost at the first instance court (Seoul District Court 2007Gahap461), but on October 8, 2008, the appellate court (Seoul High Court 2007Na6580) rendered a partial favorable judgment that "the defendant shall pay to the plaintiff 60 million won and the amount calculated by the rate of 20% per annum from March 31, 2007 to October 8, 2008, and 6% per annum from the next day to the day of full payment." The above judgment became final and conclusive on October 31, 2008.

However, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription due to the imminent completion of the extinctive prescription of claims based on the above final judgment.

2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act of the same Act;

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