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(영문) 인천지방법원부천지원 2020.09.23 2020가단5893
대여금
Text

The defendant shall calculate to the plaintiff 45 million won with 20% per annum from May 11, 1999 to the day of complete payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Gap 1, 2, and 3, the plaintiff filed a lawsuit against the defendant for loans around 2010, and the vice branch court of the Incheon District Court rendered a judgment on June 23, 2010 that "the defendant shall pay to the plaintiff the amount of KRW 45 million and the amount calculated at the rate of 20% per annum from May 11, 1999 to the date of complete payment", and the above judgment can be acknowledged as the facts established on July 13, 2010.

The plaintiff shall file a claim in this case for the interruption of the extinctive prescription before the extinctive prescription of the above judgment claim becomes effective. The defendant shall be liable to pay to the plaintiff the amount calculated by the rate of 20% per annum from May 11, 1999 to the date of full payment.

Since the defendant did not exercise his/her property right due to the seizure of the plaintiff and difficult circumstances, it is argued that debt adjustment is necessary, but it does not constitute a legal defense ground for the claim for the final judgment amount. Therefore, the above argument cannot be accepted.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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