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(영문) 수원지방법원 2017.01.24 2015가단29516

대여금

Text

1. The Defendant’s KRW 38,284,40 and the Plaintiff’s annual rate of KRW 5% from September 4, 2006 to January 24, 2017.

Reasons

1. The plaintiff, on July 3, 2006, lent the 220,00 draft order to the defendant on September 3, 2006, China, as the due date for payment, to the defendant on July 3, 2006, may be recognized if there is no dispute between the parties, or if the purport of the whole pleading is neglected in the statement in the evidence No. 1-2 and No. 3.

According to the above facts of recognition, the defendant 38,284,400 won (=220,000 bills x 174.02 won on January 10, 2017, which is the closing date of the pleadings in this case (the standard rate for sale is publicly known.)

) The Defendant, from September 4, 2006, whose maturity date is the next day after the maturity date, has a duty to pay 5% per annum under the Civil Act until January 24, 2017, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

[Plaintiff's assertion that he lent 10,000 bills to the Defendant in addition to the above loans, but Gap evidence No. 1 (Evidence No. 1) cannot be used as evidence since there is no evidence to prove the authenticity of the petition, and there is no other evidence to prove the plaintiff's above assertion, the plaintiff's assertion on this part is rejected).

A. Although the defendant alleged that he/she paid all the borrowed money from the plaintiff, it is not sufficient to acknowledge the defendant's assertion on the evidence Nos. 1 and 2 alone, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.

B. The defendant asserts that the plaintiff's above loan claim against the defendant is a commercial bond and takes five years of extinctive prescription. Since the lawsuit of this case was filed five years after the due date, the plaintiff's claim expired by prescription.

A merchant shall engage in commercial activities as the subject of rights and obligations arising from commercial activities, and shall assist in doing business activities.