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(영문) 서울중앙지방법원 2015.07.01 2014가단5330360

대여금

Text

1. The defendant shall pay KRW 20,214,832 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 2, 3, and 4 as to the cause of the claim, the Solomon Savings Bank (Seoul District Court prior to the alteration) was declared bankrupt on April 30, 2013 (Seoul District Court Decision 20,214,832) with a maturity of 88,00,000 won as a general loan subject on September 1, 2005, with a maturity of 23% per annum; the defendant did not pay interest 20,214,832 won interest on the loan of this case as of July 16, 2014; the Solomon Savings Bank (Seoul District Court Decision 2013Hahap46) was declared bankrupt on April 30, 2013; and the plaintiff was appointed as bankruptcy trustee.

According to the above facts, the defendant is obligated to pay 20,214,832 won interest accrued from the loan of this case to the plaintiff.

2. The defendant asserts to the effect that the period of prescription expires since the loan of this case is five years with commercial bonds.

However, there is no evidence to acknowledge that the instant loan is a commercial claim, and therefore, the said assertion cannot be accepted.

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.