대여금
1. The defendant shall pay 5,00,000 won to the plaintiff and 20% per annum from January 1, 2005 to the day of complete payment.
1. According to the evidence Nos. 1 and 2 of the judgment as to the cause for the claim, the plaintiff may recognize the fact that on June 21, 2004, the plaintiff lent KRW 55,00,000 to the defendant on December 30, 2004 and the delay interest rate of KRW 20% per annum.
Therefore, the defendant is obligated to pay to the plaintiff 5,00,000 won with the interest rate of 20% per annum from January 1, 2005 to the date of full payment.
2. First of all, the defendant's defense is proved by an agreement with C, which is the actual creditor, that the above loan obligation was extinguished, but there is no evidence to acknowledge it.
Next, since the plaintiff applied for the payment order of this case since 10 years since June 21, 2004 when the above loan obligation was established, the defendant set up a defense that the above loan obligation was extinguished by the extinctive prescription.
The extinctive prescription shall run from the time when the due date has arrived. Rather, the fact that the due date of the loan was December 30, 2004 is the same as mentioned above. Rather, it is apparent that the Plaintiff applied for the instant payment order on December 18, 2014, which was before the lapse of 10 years thereafter, and there is no other evidence to acknowledge that the due date of the loan has expired.
Therefore, the defendant's argument is without merit.
3. If so, the plaintiff's claim is justified.