Judgment

According to Gap evidence No. 1, it is recognized that the plaintiff loaned KRW 7,500,00 to the defendant on March 8, 1995 without interest agreement around 195.

Therefore, the defendant, except in special circumstances, has the obligation to pay to the plaintiff 12,370,890 won (=loan 7,500,000 won + interest rate of 5% per annum from March 9, 1995 to March 3, 2008, calculated by the rate of 4,870,890 won per annum under the Civil Act (=7,50,000 won per annum x 5% per annum x (361/365 days per December 361) x 7,50,000), and to pay damages for delay calculated by the ratio of 15% per annum under the Civil Act from March 4, 2008 to June 21, 2018, which is the date the decision of the court of first instance is rendered to correct a dispute as to the existence or scope of the defendant's obligation to repay.

Furthermore, the Plaintiff claims the payment of interest and damages for delay calculated at the rate of 25% per annum from February 6, 1995 to the date of full payment.

However, there is no evidence to acknowledge that the Plaintiff and the Defendant agreed to the interest on the above loans at 25% per annum.

Therefore, interest and damages for delay exceeding the above recognition scope are not accepted.

The defendant asserts that the judgment of the court on the defendant's defense of extinctive prescription has expired five years under Article 64 of the Commercial Act because the plaintiff's loan claim of this case constitutes a claim arising from commercial activity.

However, the plaintiff's instant case.