대여금
1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s annual rate from March 1, 2010 to September 10, 2018.
1. According to the evidence Nos. 1 through 3 and No. 1 of the judgment as to the cause of the claim No. 1 to 3 and No. 1 of the evidence No. 2009, the plaintiff can be found to have leased the amount of KRW 50 million to the defendant on or after November 2009.
(hereinafter “The instant loan claim”). The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum from March 1, 2010, which is the day following the due date for payment, to September 10, 2018, which is the delivery date of the original copy of the instant payment order, and 15% per annum from the next day to the day of full payment.
2. The Defendant asserted that the Defendant’s defense had expired the extinctive prescription of the instant loan claim. However, the period of repayment of the instant loan claim was February 28, 2010, and the Plaintiff applied for the instant payment order on August 10, 2018, which was before the lapse of ten years from that date, and thus, the extinctive prescription of the instant loan claim did not expire.
The defendant's defense is without merit.
3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.