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(영문) 서울중앙지방법원 2018.06.12 2017가단5225452
대여금
Text

1. The defendant shall pay 100,000,000 won to the plaintiff and 20% per annum from October 8, 2007 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. Around December 7, 2005, the Plaintiff entered into a loan transaction agreement with the Defendant with a lending period of 12 months from December 7, 2005, interest rate of 7% per annum, and interest rate of 19.5% per annum, and lent KRW 857,00,000 to the Defendant.

B. On November 14, 2007, the Plaintiff filed a loan claim suit against KRW 100,000,000, which is a part of the Defendant’s overdue amount, with Seoul Central District Court Decision 2007Da345680, and on November 14, 2007, the judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 100,000,000 and the interest calculated at the rate of KRW 20% per annum from October 8, 2007 to the date of full payment” (hereinafter “instant judgment”). The judgment became final and conclusive on December 18, 2007.

C. Meanwhile, the Defendant received dividends of KRW 874,274,245 from the total amount of KRW 1,288,328,75 up to the date of distribution to the date of distribution on January 9, 2009 through the procedure of auction of the fact of real estate by Incheon District Court B concerning real estate provided by the Defendant as security, and became liable for remainder of KRW 414,054,510.

On October 22, 2017, the Plaintiff is above C.

The payment order requesting the payment of the remaining amount of the claim under subsection (b) was filed on December 22, 2017.

In this case, the purport of the claim was modified to seek the payment of the claim based on the judgment of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. The defendant asserts that the plaintiff's claim of this case is extinguished by the statute of limitations.

However, the period of extinctive prescription of a claim based on the final judgment is ten years from the date the judgment became final and conclusive, and the Plaintiff applied for the instant payment order on October 22, 2017, which was before the extinctive prescription of a claim based on the judgment in this case, and it is apparent that the claim subject to the said payment order includes a claim based on the judgment in this case. Thus, the extinctive prescription of the Defendant expires.

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