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(영문) 부산지방법원 2020.04.08 2019가합1452
대여금 등
Text

1. The defendant shall pay to the plaintiff KRW 458,289,221 as well as 5% per annum from June 3, 2008 to November 27, 2009.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(2) In light of the purport of allowing a lawsuit for the interruption of extinctive prescription of a claim pursuant to a final and conclusive judgment, in exceptional cases where a substantive judgment is made by changing the main text of a final and conclusive judgment (Seoul District Court Decision 2009Da25275, Oct. 28, 2010) is contrary to the res judicata (see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010), Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019) on the statutory interest rate pursuant to the main sentence of Article 208(3)3 of the Civil Procedure Act (wholly amended by Presidential Decree No. 29768, May 21, 2019).

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