대여금
1. The defendant shall pay 60,648,400 won to the plaintiff and 15% per annum from November 22, 2004 to the day of complete payment.
In the case of loans between the Plaintiff and the Defendant, Seoul District Court 2003Gahap30031, the court held on November 8, 2003 that “the Defendant shall pay to the Plaintiff KRW 70,000,000 until December 31, 2003: Provided, That if the above amount is not paid by the above payment date, it shall be paid in addition to the interest rate of 15% per annum from the day after the date of payment to the day of full payment.” The fact that the decision became final and conclusive on November 8, 2003 can be recognized by comprehensively taking into account the purport of the entire pleadings as stated in the evidence No. 1, and barring any special circumstance, the Defendant is obligated to pay the above compulsory adjustment decision to the Plaintiff.
The defendant asserts that the above forced adjustment claim was extinguished upon expiration of the extinctive prescription period, and the plaintiff asserts that the defendant renounced the benefit of extinctive prescription.
According to the evidence evidence Nos. 2, 3, and 4, the defendant is recognized to have discharged KRW 7,00,000 on January 27, 2016, which was after the expiration of the extinctive prescription period of the above forced adjustment payment claim, and KRW 1,728,80 on February 3, 2016, and thus, it is reasonable to view that the defendant renounced the benefit of prescription.
Therefore, the defendant is obligated to appropriate the total amount of KRW 9,351,600 ( KRW 623,600,000, KRW 1,728,000) that the plaintiff was paid to the plaintiff to the principal and pay the remaining principal amount of KRW 60,648,400 and damages for delay at the rate of KRW 15% per annum from November 22, 2004 to the date of full payment.
The plaintiff's claim is accepted.