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(영문) 춘천지방법원원주지원 2019.08.29 2019가합155
대여금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 20% per annum from February 18, 2009 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. The following facts and circumstances may be acknowledged in light of the absence of dispute between the parties or the overall purport of Gap evidence Nos. 1 and 2 and the whole arguments.

1) On May 14, 2009, the Plaintiff filed a lawsuit against the Defendant and was sentenced to the judgment on May 14, 2009, stating that “The Defendant shall pay the Plaintiff the amount of KRW 300,000,000 and the amount calculated at the rate of KRW 20% per annum from February 18, 2009 to the date of full payment” (No. 2009Gahap521). The above judgment became final and conclusive around that time (hereinafter “the judgment in a lawsuit”).

(2) As above, the Defendant borrowed KRW 300,000,000 from the Plaintiff on September 22, 2003 as of the end of December 2004 on the repayment date, the cause of the claim for the judgment in the previous suit, which became final and conclusive as above, is the obligation of the Defendant to pay the said loan and the damages for delay to the Plaintiff.

3. On March 6, 2019, the Plaintiff filed the instant lawsuit for the extension of the extinctive prescription of the claim established by the judgment of the previous suit.

B. According to the above facts of recognition, the defendant shall pay the money according to the judgment in the prior suit that became final and conclusive to the plaintiff. Since the lawsuit in this case was filed for the extension of the extinctive prescription period of the claim based on the judgment in the prior suit, there is a benefit

Therefore, barring any special circumstance, the defendant is obligated to pay to the plaintiff 300,000,000 won with 20% interest per annum from February 18, 2009 to the day of full payment.

2. The Defendant’s assertion and judgment asserted that “No one borrowed KRW 300,000,00 from the Plaintiff, and the Defendant’s certificate No. 1 is merely a false document drawn up and drawn up for the Plaintiff who is directed to the creditors.”

The reason for the defendant's assertion is that occurred prior to the closing of argument in a prior suit, and thus it is excluded by the res judicata of the above judgment, so the above argument by the defendant is further examined.

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