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(영문) 서울동부지방법원 2016.10.20 2016가단3349
대여금
Text

1. The defendant shall pay 40 million won to the plaintiff and 20% per annum from January 10, 2006 to the day of complete payment.

Reasons

1. In around 2004, the Plaintiff prepared a pledge of performance and a loan certificate from the Defendant and paid a total of KRW 40 million to the Defendant. The Defendant did not return them. The Plaintiff filed a lawsuit for the loan claim with Seoul East Eastern District Court 2005Kadan28663, and on February 2, 2006, the above court sentenced “the Defendant shall pay to the Plaintiff money at the rate of KRW 40 million and interest rate of KRW 20% per annum from January 10, 2006 to the day of full payment.” The above judgment becomes final and conclusive, and the Defendant did not pay the above judgment money up to the day, taking into account the entries in Gap evidence and the purport of all pleadings.

2. The Plaintiff filed the instant lawsuit for the purpose of interrupting extinctive prescription as the ten-year extinctive prescription period, without receiving a judgment from the Defendant after the above final and conclusive judgment, and thus, there is interest in the lawsuit.

3. Therefore, the defendant is obligated to pay to the plaintiff 40 million won and damages for delay at the rate of 20% per annum from January 10, 2006 to the date of full payment. Thus, the plaintiff's claim of this case is justified.

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