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(영문) 대전지방법원 천안지원 2018.09.21 2018가합102099
대여금
Text

1. The defendant shall be the plaintiff.

(a) KRW 100,000,000 as well as 36% per annum from March 25, 2006 to June 29, 2007;

Reasons

1. According to the allegations and the statements in Gap evidence Nos. 1 through 3, the plaintiff filed a lawsuit against the defendant and the defendant as representative director C Co., Ltd. (hereinafter collectively referred to as "the defendants of the previous lawsuit"), and the above court rendered a judgment on July 16, 2008 that "the defendants of the previous lawsuit jointly pay the amount stated in paragraph (1) of this case to the plaintiff". The above judgment can be acknowledged as the facts established on August 8, 2008 against the defendants of the previous lawsuit.

The plaintiff filed the lawsuit in this case for the extension of prescription, and according to the judgment of the prior suit, the defendant is obligated to pay the amount stated in paragraph (1) to the plaintiff.

In regard to this, the Defendant asserts that the statute of limitations has already expired, so it can be said that the period of extinctive prescription of the Plaintiff’s loan claims against the Defendant by judgment in the prior suit was extended to 10 years from the above final and conclusive judgment ( August 8, 2008). The fact that the instant lawsuit was filed on May 18, 2018, prior to the lapse of 10 years, is apparent in the record, and thus, the Defendant’s above assertion is without merit.

In addition, the defendant asserted that the plaintiff was paid part of the loan over 13 times as a payment guarantor, but there is no evidence to acknowledge it.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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