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(영문) 제주지방법원 2021.02.08 2020가단55673
대여금
Text

1. The defendant's KRW 35,000,000 and its amount are 5% per annum from August 16, 2006 to March 25, 2010.

Reasons

Basic Facts

The plaintiff filed a lawsuit against the defendant as Jeju District Court 2009Ga 23220, the above court rendered a judgment against the plaintiff on April 13, 2010 that the defendant shall pay to the plaintiff 35,000,000 won and the amount calculated by applying 5% per annum from August 16, 2006 to March 25, 2010 and 20% per annum from the next day to the date of full payment (hereinafter "related judgment of this case"). The above judgment became final and conclusive on May 1, 2010.

[Ground for recognition] The defendant did not pay the money to the plaintiff according to the relevant judgment of this case, in the summary of the grounds for the claim as to Gap's evidence Nos. 1 and 2 and the purport of the whole argument.

The plaintiff seeks payment of the amount recognized in the above relevant judgment against the defendant for the interruption of prescription.

Judgment

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount ordered to pay in the relevant judgment of this case.

The plaintiff's claim seeking to pay the above money to the defendant for the interruption of prescription of the claim recognized in the above related judgment is justified.

In regard to this, the Defendant alleged to the effect that all of the above money was repaid, but there is no evidence to acknowledge this (the Defendant asserted to the effect that the Defendant was aware that all of the above debt was settled by distributing profits to the Plaintiff who invested in merchandise coupons while operating the game room, but there is no evidence to prove this in addition to the fact that the Defendant operated the game room at the time). The Plaintiff’s claim is accepted due to its reasoning, and it is so decided as per Disposition.

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