대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On June 7, 2010, the Plaintiff entered into a loan transaction agreement with the Defendant (former: B) on a fixed rate of 9% per annum of interest rate of 4.5% per annum and interest rate of 5,000,000 won of loans, and on the same day, borrowed KRW 15,00,000 to the Defendant on the same day.
(hereinafter the above loan transaction agreement is "the instant loan agreement" and the loan under the instant loan agreement is "the instant loan". B
The Defendant did not repay the instant loan by the maturity date stipulated in the instant loan agreement, and as of December 14, 2016, the instant loan obligation amounted to KRW 965,320, overdue interest amounting to KRW 1,23,277 in total and KRW 2,198,597.
On the other hand, the rate of damages for delay after February 17, 201 is 8.5% per annum until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 8.5% per annum from December 15, 2016 to March 5, 2017, the delivery date of the original copy of the instant payment order, with respect to the total amount of principal and interest of KRW 2,198,597, and the principal amount of KRW 965,320, respectively, to the Plaintiff, barring special circumstances.
3. Judgment on the defendant's assertion
A. The summary of the argument is that the Defendant repaid all of the instant loans.
In addition, the claim for the loan of this case expired by the lapse of the five-year commercial statute of limitations, and even if not, it is not so.
In the case of interest claim, the short-term extinctive prescription period of three years is applied, so only within three years as of the date of application for the instant payment order should be recognized.
B. First of all, as to the assertion of debt completion, the following facts are examined: health class No. 6, and No. 2.