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(영문) 수원지방법원안산지원 2020.08.19 2020가단3949
대여금(소멸시효 연장)
Text

1. The defendant's KRW 50,000,000 and about this, 5% per annum from July 1, 2006 to October 27, 2009 to the plaintiff.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant on Nov. 18, 2009 against Suwon District Court 2009Kadan44341. The above court rendered a judgment on Jun. 17, 2010 that "the defendant shall pay to the plaintiff 50 million won with 55% per annum from July 1, 2006 to Oct. 27, 2009, and 20% per annum from the next day to the day of complete payment." The above judgment can be acknowledged as finalized on Aug. 5, 2010.

According to this, the Defendant is obligated to pay the Plaintiff the above KRW 50,00,000 and the damages for delay calculated at the rate of 5% per annum from July 1, 2006 to October 27, 2009 and 20% per annum from the next day to the day of full payment.

In regard to this, the defendant alleged to the purport that the plaintiff's claim of this case is groundless since the defendant did not actually use the money borrowed from the plaintiff. However, in the lawsuit of this case brought by the plaintiff for the extension of the prescription period of the claim established by the previous final judgment, the defendant alleged that there was no fact that the defendant actually received the loan, and disputing the existence of the loan claim is not allowed as it goes against the res judicata of the previous final judgment

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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