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(영문) 인천지방법원 2018.05.30 2018가단281
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 87,695,060 won and 25% per annum from August 21, 2004 to December 28, 2007.

Reasons

1. The facts of recognition against the Defendants on August 24, 2007, the Plaintiff received an order of payment with the content of 87,695,060 won from September 6, 1997 to December 28, 2007, which was calculated at the rate of 25% per annum from September 6, 2007 to December 28, 2007, and 64,060 won per annum from the next day to the date of full payment. The payment order became final and conclusive on January 12, 2008.

On March 26, 2013, the Plaintiff received reimbursement of KRW 130,713,164 from Defendant C’s Easterns D.

Defendant C filed a suit against the Plaintiff for objection against this Court’s 2010da71690, which rejected compulsory execution based on the above payment order, but the claim was dismissed, and the appeal and appeal were also dismissed.

Accordingly, on October 16, 2015, the Plaintiff filed an application for the determination of the amount of litigation costs with this court’s 2015Kada576, and received a decision on October 16, 2015 that “Defendant C determined that the amount of litigation costs to be repaid to the Plaintiff by the instant judgment on the objection is KRW 7,31,650.”

On March 22, 2017, the Plaintiff received dividends of KRW 29,186,184 in the compulsory auction of real estate E (FF duplicate) in this Court’s real estate owned by Defendant C.

The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription due to the ten-year lapse of the extinctive prescription period for the claim based on the above finalized payment order.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1-5 and the purport of the whole pleadings

2. According to the facts found above, KRW 64,06,164, and KRW 7,311,650, and KRW 152,523,638, from September 6, 1997 to August 20, 204, are first appropriated to KRW 64,060 for the above demand procedure expenses, and KRW 152,523,638 for the remainder of KRW 87,695,060 for the original amount on the payment order, and KRW 25% per annum from September 6, 2017 to August 20, 204.

Therefore, the Defendants are jointly and severally liable to the Plaintiff for principal amounting to KRW 87,695,060 and KRW 25% per annum from August 21, 2004 to December 28, 2007, and from the next day to September 30, 2015.

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