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(영문) 의정부지방법원 2015.07.23 2015나50294
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. The facts of recognition revealed that Samsung Life Insurance Co., Ltd. lent KRW 4,99,820 to the Defendant around May 28, 2001, the Defendant delayed the repayment of the above loan, and the Samsung Life Insurance Co., Ltd. filed a lawsuit claiming the above loan interest against the Defendant on May 3, 2004 (Seoul Central District Court Decision 2004DaGa1335481) and the above court rendered a judgment on July 5, 2004 that “the Defendant shall pay KRW 5,97,514 to the Samsung Life Insurance Co., Ltd.” The above judgment became final and conclusive at that time, and the Samsung Life Insurance Co., Ltd. transferred the above loan to the Defendant on May 13, 2005, and notified the Defendant of the transfer of the claim at that time.

2. In the event of special circumstances such as interruption of prescription, a new suit against the same subject matter of lawsuit is exceptionally allowed even in a case where a judgment in favor of one party becomes final and conclusive.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 24, 2014 to the day of full payment, as requested by the Plaintiff, as to KRW 5,97,514 and KRW 4,99,820 among them, to the day following the day on which the original copy of the instant payment order was served to the Defendant.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed for lack of merit. Since the judgment of the court of first instance is unfair with some different conclusions, the plaintiff's appeal is accepted, and the part against the plaintiff in the judgment of the court of first instance against which the above additional payment is ordered shall be revoked and the payment of the above money shall be ordered

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