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(영문) 서울북부지방법원 2020.09.22 2020가단124089
대여금(소멸시효연장)
Text

The defendant shall pay to the plaintiff 168,430,112 won and 132,949,330 won among them, from June 26, 2009 to the day of full payment.

Reasons

1. In full view of the purport of Gap evidence No. 1’s statement and the entire argument as to the cause of the claim, it is acknowledged that the plaintiff filed a payment order against the defendant with the Seoul Southern District Court 2010 tea3273, Mar. 30, 2010, stating that “the defendant shall pay to the plaintiff 168,430,112 won and 132,949,30 won among them at the rate of 30% per annum from June 26, 2009 to the day of full payment” (hereinafter “instant payment order”). The above payment order was served on the defendant on April 5, 2010 and confirmed on April 20, 2010.

According to the above facts, the defendant is obligated to pay to the plaintiff 168,430,112 won and damages for delay calculated at the rate of 12% per annum for the plaintiff from June 26, 2009 to the date of full payment. The plaintiff has interest in the lawsuit of this case for the interruption of the statute of limitations of the above claim against the defendant based on the payment order of this case which became final and conclusive.

In regard to this, the defendant asserted that the defendant only made an investment in the passbook in the name of the defendant who lent money to C, and that he did not lend money to the defendant as stated in the payment order of this case. However, the defendant's above ground cannot be subject to the examination of the lawsuit of this case raised for the interruption of the prescription of the claim under the payment order of this case which became final and conclusive

2. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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