대여금 (소멸시효 연장을 위한)
1. From September 24, 2016 to July 13, 2017, the Defendant paid to the Plaintiff KRW 52,00,000, out of KRW 54,189,58 and the above money.
(2) The Plaintiff borrowed KRW 22,00,000 for construction price from the Plaintiff who was known to the Plaintiff due to default and prepared a promissory note No. 22,00,000 for the same day and April 15, 2009 for the same day. The Defendant again prepared and executed a promissory note No. 30,000 for the Plaintiff on May 25, 2009 with a face value of KRW 100,000 for the borrowing of KRW 30,000 from the Plaintiff on May 25, 2009, and the Defendant paid KRW 17,00,000 to the Plaintiff on September 23, 2016.
2. Determination:
A. According to the above facts as to loans made on February 13, 2009, the plaintiff lent 22,000,000 won to the defendant on April 15, 2009. Thus, the defendant is obligated to pay to the plaintiff damages for delay at the rate of 5% per annum under the Civil Act from April 15, 2009, which is the due date.
(2) Calculation of principal and interest up to September 23, 2016, which is a partial repayment date,* Principal of KRW 22,00,000* Interest of KRW 8,18,219 [=22,00,00 KRWx 5% of KRW x (7162/365, hereinafter the same shall apply]; and hereinafter]
B. (1) With respect to loans made on May 25, 2009, the Plaintiff asserts that the Plaintiff shall pay to the Plaintiff interest at the statutory interest rate under the Interest Limitation Act from the above loan date to the date of full payment, on the following grounds: (a) the Defendant borrowed KRW 30,000,000 to the Defendant’s loan of KRW 100,000 per share; and (b) the purport of this part is that the delivery of a promissorysory note with a face value of KRW 100,000 per share is the interest payment pursuant to the statutory maximum interest rate prescribed under
(2) On May 25, 2009, the notarial deed of a promissory note dated May 25, 2009, which was found before the Health Unit, provides that the date of payment shall be fixed at sight, and the Plaintiff is not obliged to pay the said promissory note, or enforce compulsory execution on the basis thereof, despite the fact that the said note was immediately subject to compulsory execution.