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(영문) 광주지방법원순천지원 2016.10.27 2016가단7115

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 and the interest rate thereon from June 23, 2016 to the date of full payment.

Reasons

1. On September 16, 2009, the Plaintiff lent KRW 30 million to Defendant B the due date for reimbursement as of September 16, 2010. The fact that Defendant C guaranteed this by the Defendant C at the time does not conflict between the parties, or is recognized by the purport of the entry in the evidence No. 1 and the entire pleadings.

2. Determination:

A. According to the above facts of recognition, the defendants are jointly and severally liable for the repayment of KRW 30 million to the plaintiff.

B. As to this, Defendant C’s loan from the Plaintiff, a credit service provider, to borrow money as above, and thus, the Plaintiff’s loan claim constitutes a commercial claim. Since the Plaintiff filed the instant lawsuit after five years from September 16, 2009, the lease date, the Plaintiff’s loan claim was extinguished by the statute of limitations.

However, as of the date of the lease of this case, the merchant operating the Defendant B Hall as of the date of the lease.

or Defendant B borrowed the money from the Plaintiff for Defendant B’s pawned Business.

Since there is no evidence to acknowledge the fact that the above statute of limitations defense by Defendant C is reasonable.

3. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 30 million and the damages for delay calculated at the rate of 15% per annum from June 23, 2016 to the date following the delivery of the copy of the instant complaint, as the Plaintiff seeks.