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(영문) 의정부지방법원 2020.07.02 2019가합56500

대여금

Text

The Defendants shall jointly and severally pay to the Plaintiff KRW 220,00,000 as well as 20% per annum from April 1, 2006 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 30, 2005, the Plaintiff: (a) made the Defendants as joint and several sureties as joint and several sureties, and paid 220,000,000 won (hereinafter “the instant loan”); (b) made a repayment due date on January 31, 2006; and (c) made a loan to the Defendants by setting the delayed principal to pay damages for delay calculated at the rate of 20% per annum for the delayed principal. On January 5, 2006, the Plaintiff drafted a notarial deed (No. 14, 2006 by a notary public) as to the monetary loan agreement as above.

B. On September 29, 2006, the Plaintiff received a provisional attachment decision (Seoul Southern District Court 2006Kahap2424) with respect to multi-household E (hereinafter “instant real estate”) owned by Defendant B as the claimed amount of the instant loan, and the provisional attachment registration was completed on October 9, 2006.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, barring any special circumstance, the Defendants jointly and severally applied to the Plaintiff KRW 220,00,00,00 and KRW 4,086,00 as part of the damages for delay on the ground that the Plaintiff was paid with respect to the loan of this case as part of the damages for delay on the ground that it was paid with respect to the loan of this case, and sought that part of the damages for delay be paid, as agreed from April 1, 2006 to January 31, 2006, the damages for delay incurred with respect to the loan of this case from February 1, 2006 to March 31, 206 are KRW 7,112,328,00 (=220,000 x 20 x 59/365, and less than KRW).

The obligation to pay damages for delay calculated at the rate of 20% per annum under the agreement from the date of full payment.

3. Judgment on the defendants' assertion

A. The Defendants asserted that the statute of limitations has expired since the lapse of 10 years from October 10, 2006, following the date when the Plaintiff executed a provisional attachment on the instant real estate.

On October 9, 2006, the Plaintiff received a provisional attachment order on the instant real estate.