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(영문) 창원지방법원통영지원 2014.07.15 2014가단559

대여금 반환

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 30,000,000 won and the period from March 22, 2005 to January 17, 2014.

Reasons

In the absence of dispute between the parties, or in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1 through 4, the plaintiff may recognize the fact that the plaintiff lent the defendants, who are the married couple, a total of KRW 30,000,000 to 10% per annum (per annum 250,000) on July 7, 2003 and August 9, 2004.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 30,000,000 won and damages for delay calculated at the rate of 10% per annum from May 21, 2005 to January 17, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

(B) On July 7, 2003, the Defendants asserted that the statute of limitations has expired, and therefore, the Plaintiff filed the instant lawsuit on January 14, 2014 with the lapse of 10 years from the above lending date is apparent in the record. However, according to each of the above evidence, it is acknowledged that the Defendants continued to pay interest on the above loan to the Plaintiff from the above lending date to March 21, 2005. According to the above facts, according to the above facts, the Defendants approved the above loan claim with the above interest payment, and as such, the statute of limitations has been suspended, the Defendants’ assertion is without merit. Accordingly, the Plaintiff’s claim in this case is justified, and all of them are accepted.