대여금
1. The Defendants amounting to KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from May 31, 2008 to July 23, 2018.
1. In full view of the statements in evidence No. 1, the plaintiff lent 35,000,000 won to the defendant Eul on February 29, 2008 under the defendant Eul's guarantee to the defendant Eul on May 30, 2008, and each statement in evidence Nos. 1 and 2 does not interfere with the above recognition, and there is no counter-proof otherwise.
2. Determination on the cause of the claim
A. According to the above facts, the defendants, as the principal debtor and guarantor, are obligated to pay the above loans of KRW 35,00,000,000 and 5% per annum under the Civil Act from May 31, 2008 to July 23, 2018, the date following the due date for payment, the last copy of the complaint of this case, and 15% per annum under the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to May 31, 2019, and damages for delay calculated at the respective interest rate of 12% per annum under the current Act on Special Cases Concerning the Settlement, etc. of Legal Proceedings from the next day to the date of full payment.
B. The Defendants asserted that the Plaintiff’s claim of this case expired after the lapse of the ten-year statute of limitations.
The statute of limitations shall run from May 31, 2008, which is the day following the due date, pursuant to Article 157 of the Civil Act regarding the calculation of the period of time. Since it is apparent in the record that the instant claim was filed on May 30, 2018, before the ten-year period has elapsed from the lawsuit of this case, the statute of limitations shall run from the time when the due date has arrived. Thus, the Defendants’ assertion that the instant claim has expired due to the expiration of the statute of limitations is without merit.
3. It is so decided as per Disposition by admitting the plaintiff's claim of this case within the scope of the above recognition.