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(영문) 전주지방법원 2020.09.23 2020가단7639
대여금
Text

The defendant shall pay 15 million won to the plaintiff and 20% per annum from February 17, 2010 to the day of complete payment.

Reasons

Description of Claim

On January 6, 1998, the Plaintiff lent a total of KRW 15 million to the Defendant on January 6, 1998, and KRW 7 million on January 9, 1998.

On January 4, 2010, at the Jeonju District Court, the Plaintiff applied for a payment order against the Defendant, and issued a payment order to the Defendant on January 4, 2010, “The Plaintiff shall pay to the Plaintiff 15 million won and the amount calculated at the rate of 20% per annum from the day after the delivery of the payment order to the day of complete payment.” The above payment order is served on the Defendant on February 16, 2010.

3.3. Finality has been made.

The Plaintiff filed the instant lawsuit for the extension of the statute of limitations prior to the completion of the statute of limitations.

Article 208 (3) 3 of the Civil Procedure Act (amended by Service by Public Notice) of the applicable provisions of the Acts, each Plaintiff, on the premise that the service date of the above payment order for loans amounting to KRW 15 million is February 6, 2010. However, according to the evidence No. 1, the above payment order for delay can be acknowledged as being February 16, 2010 on the day when the above payment order was served to the Defendant. Thus, the Plaintiff’s claim for delay payment for the above loans from February 7, 2010 to February 16, 2010 is without merit.

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