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(영문) 서울중앙지방법원 2019.04.09 2017가단5232221

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The Plaintiff lent money to the Defendant four times as follows.

1) On November 23, 2006, KRW 100 million, KRW 50 million, KRW 50,000 on February 23, 2007, KRW 2007, KRW 3,000 on April 27, 2007, KRW 50,000 on June 11, 2007, and KRW 50,000 on September 4, 2007, KRW 50,00 on December 12, 2007, and the due date for repayment. < Amended by Presidential Decree No. 20420, Apr. 12, 2008>

The Defendant paid to the Plaintiff totaling KRW 261,717,937 from July 25, 2007 to April 28, 2010.

C. At the time of borrowing the above money from the Plaintiff, the Defendant entered the course of university senior executive officers on March 2007 by introducing the Plaintiff (at that time, the Defendant was engaged in credit business as a real representative of C Co., Ltd., and was also engaged in business registration for accommodation business in the name of the Defendant on February 2007).

[Ground for Recognition: Facts without dispute, Gap 1 through 10, and Eul 1 through 16, the fact inquiry results, the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's summary of the plaintiff's assertion is the defendant 1. A.

At the time of lending each amount stated in the paragraph, 3% of the interest per month was agreed and lent to the Plaintiff at the time of lending, and even if the Defendant’s repayment of the amount repaid to the Plaintiff to the principal and principal, the principal and interest are still unpaid. Thus, the Defendant is obligated to pay the amount stated in the claim that the

B. The summary of the Defendant’s assertion did not have agreed on the interest rate of 3% per month as alleged by the Plaintiff, and the Plaintiff’s claim against the Defendant against the Defendant had already been completed by prescription with commercial claims.

3. Determination

A. First, we examine whether each of the above loans extended by the Plaintiff constitutes commercial claims.

B. In order to constitute “claim arising from an act of commercial activity” under Article 64 of the Commercial Act, the statute of limitations for commercial claims shall be limited to a claim arising from an act of commercial activity only for the debtor, and Article 47 of the Commercial Act as well as a basic commercial activity under Article 46 of the Commercial Act.