대여금
1. The Defendant’s KRW 42,00,000 as well as 5% per annum from October 1, 201 to April 23, 2020 to the Plaintiff.
1. The Plaintiff loaned the Defendant totaling KRW 42 million on September 1, 2008, KRW 5 million, KRW 10 million on March 2, 2009, KRW 10 million on March 1, 2010, and KRW 17 million on July 2, 201.
The plaintiff, while lending money to the defendant, prepared a separate loan certificate. The loan certificate of KRW 5 million on September 1, 2008 does not indicate the due date and interest. The loan certificate of KRW 10 million on March 2, 2009 is fixed on December 30, 2009, but there is no indication of interest. The loan certificate of KRW 10 million on March 1, 201 and the loan certificate of KRW 17 million on July 2, 201 do not indicate the due date and interest.
On July 2, 2011, the Defendant borrowed the above KRW 17 million to the Plaintiff, which read, “I will complete the principal and interest with the previous amount borrowed from the Mabio, if any, on or before September 31, 201.”
Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 42,00,000 and the amount calculated by the rate of KRW 5% per annum from October 1, 201 to April 23, 2020, which is the day following the due date for repayment, and 12% per annum from the next day to the day of full payment.
[Reasons for Recognition] A.1-1-1-4, 5, the purport of the entire pleadings.
2. According to the judgment on the Defendant’s assertion (the claim for the completion of extinctive prescription) A1-1-4, the ten-year extinctive prescription has been completed before filing the lawsuit, since the Defendant’s claim was based on the non-fixed-term claim on September 1, 2008; the maturity period of KRW 10 million on March 2, 2009; the maturity period of KRW 30 million on December 30, 2009; and on March 1, 2010, KRW 10 million on March 1, 2010 is non-fixed-term claims.
(1) As of July 2, 201, KRW 17,00,000 was the date of loan, or as of July 2, 2011, before the lapse of 10 years from September 31, 201, which was determined as the due date for repayment, and thus, the extinctive prescription has not been completed. However, according to the Defendant B’s criminal judgment, it is recognized that the Defendant borrowed KRW 17,00,00 to the Plaintiff on July 2, 201, and that both the money and the money previously borrowed are to be repaid until September 31, 201.
The plaintiff and the defendant have a total of 42 million loans.