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. According to the Plaintiff’s claim No. 1-1 (the tea card, the Defendant’s seal imprint, the Defendant’s seal imprint, and the Defendant’s seal imprint, and according to the Defendant’s statement in this court, C is recognized to have affixed the Defendant’s seal imprint upon delegation from the Defendant, and thus, the Defendant’s above assertion is not accepted), and according to the Plaintiff’s statement in No. 1-2-2 and the witness’s testimony, it is recognized that the Plaintiff lent KRW 50 million to the Defendant on or around October 31, 2007 as of February 28, 2008, since it is recognized that the Plaintiff lent it to the Defendant on or around February 31, 2008.
As to this, the Defendant alleged that the statute of limitations has expired since ten years have passed since the date when the judgment of the first instance became final and conclusive. However, since the Defendant filed an appeal for subsequent completion and the judgment of the first instance became final and conclusive by filing an appeal for subsequent completion, this is without merit in itself.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum (amended by Presidential Decree No. 26553, Sept. 25, 2015; Presidential Decree No. 26553, Oct. 1, 2015; Presidential Decree No. 2 of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., which was enforced from Oct. 1, 2015) stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 21, 2009 to the day of full payment after the copy of the instant complaint was served on the Defendant as requested by the Plaintiff.
2. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.
The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.