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(영문) 의정부지방법원고양지원 2017.10.13 2017가단9551

대여금

Text

1. As to KRW 106,50,000 among the Plaintiff and KRW 35,500,000, the Defendant shall from October 21, 2016 to June 21, 2017.

Reasons

1. On April 2, 2008, the Plaintiff lent KRW 35,500,00 to the Defendant, and the Defendant paid the interest at a rate of 25% per annum from October 21, 2008 to the date of full payment.

The Defendant did not pay the said money, and is the principal of KRW 35,500,000 as of October 20, 2016, and interest of KRW 71,00,000 from October 21, 2008 to October 20, 2016.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Comprehensively taking account of the allegations and the facts of recognition, the Defendant shall pay to the Plaintiff the amount of KRW 106,50,000 and KRW 35,500,000, whichever is calculated by the rate of 25% per annum, which is the agreed interest rate, from October 21, 2016 to June 21, 2017, and the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

On the other hand, the defendant asserts that the extinctive prescription has expired since 10 years from October 21, 2006.

However, since the progress of the extinctive prescription is in progress from April 11, 2008, the due date for payment. Therefore, this argument cannot be accepted as it has not yet been completed.