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(영문) 창원지방법원 2018.06.01 2018가단103153
양수금
Text

1. The defendant shall pay to the plaintiff KRW 46,481,897, and KRW 20,401,40 among them, 28% per annum from July 1, 2003 to the date of full payment.

Reasons

According to Gap evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant as 207da52839, Dec. 21, 2007 against the defendant, and the plaintiff filed a lawsuit against the defendant for the claim for the takeover of money, and the judgment of December 21, 2007 that "the defendant shall pay to the plaintiff 46,481,897 won and 20,401,400 won per annum 28% per annum from July 1, 2003 to the date of full payment, 20,332,383 won per annum from Sep. 30, 2003 to the date of full payment, and the defendant shall be acknowledged as the fact that the above judgment became final and conclusive on Feb. 15, 2008, and the defendant did not pay the above debt to the plaintiff.

Since the plaintiff filed the lawsuit in this case for the extension of the prescription period of claims pursuant to the above final judgment, the defendant is obligated to pay to the plaintiff 46,481,897 won and 20,401,400 won with 28% interest per annum from July 1, 2003 to the date of full payment, 20,332,383 won with 25% interest per annum from September 30, 2003 to the date of full payment.

Thus, the plaintiff's claim of this case is justified and accepted.

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