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(영문) 수원지방법원 안양지원 2017.04.25 2016가단112905
대여금
Text

1. The defendant shall pay to the plaintiff 142,780,000 won and 120,000,000 won among them, from September 12, 2002 to March 4, 2005.

Reasons

1. On June 16, 2006, the Suwon District Court 2005Gahap49 decided on June 16, 2006, "the defendant paid 142,780,000 won to the plaintiff and 120,000,000 won among them, 24% per annum from September 12, 2002 to March 4, 2005, and 20% per annum from the next day to the day of full payment, and 22,780,00 won per annum from March 5, 2005 to the day of full payment." The above judgment became final and conclusive on July 11, 2006.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 142,780,000 won with 24% per annum from September 12, 2002 to March 4, 2005, 20% per annum from the next day to September 30, 2015 that the plaintiff seeks, 22,780,000 won per annum from March 5, 2005 to September 30, 2015, and 15% per annum from the next day to the day of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

In regard to this, the defendant raises a defense to the effect that the ten-year statute of limitations has lapsed for the above final judgment claim, but it is apparent that the starting point of the statute of limitations for the judgment claim is the date on which the above judgment became final and conclusive, and that the ten-year period has not elapsed from July 11, 2006 to May 2, 2016, from the record that it is the date of application for the payment order of this case, it is apparent that the defendant's assertion is without merit.

3. The plaintiff's claim is reasonable and dismissed. It is so decided as per Disposition.

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