대여금
1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from February 2, 2017 to the date of full payment.
If the purport of Gap evidence No. 1 is added to the whole purport of the pleading, the plaintiff can be acknowledged as the fact that around September 2006 the repayment date was set on November 18, 2006 and lent KRW 100 million to the defendant. According to the above facts of recognition, the defendant is liable to pay to the plaintiff 10 million won of loan (hereinafter "the loan of this case") and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from February 2, 2017 to the day of full payment, as requested by the plaintiff.
In regard to this, the defendant's defense that the statute of limitations has expired after the loan claim in this case was completed, and therefore, the period of the statute of limitations is ten years as civil claim. Since the date of the maturity of the loan claim in this case is as seen earlier on November 18, 2006, the statute of limitations of the loan claim in this case has expired since the time when the due date of the loan claim in this case had expired, but unless the plaintiff and the defendant set '0 '0 '0 '0 '0 ' on November 18, 2006 between November 18, 2006 between the plaintiff and the defendant as the due date of the loan claim in this case, it shall not be included in the due date of the statute of limitations, but shall begin to run from November 19, 2006 on the following day, and it is clear in the record that the plaintiff applied for the payment order in this case on November 18, 2016.
Therefore, the defendant's defense of extinctive prescription is without merit.
Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.