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(영문) 청주지방법원 2016.10.21 2016가단11400

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 24,80,000 and the interest rate of KRW 15% per annum from June 25, 2016 to the day of complete payment.

Reasons

1. Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs A and 2, the Plaintiff’s total statement to the Defendant, KRW 2 million on January 6, 1997, KRW 20 million on January 16, 1997, KRW 2150,000 on February 1997, KRW 6650,00 on February 28, 1997, and KRW 1 million on October 1, 1997.

Won. Since it can be recognized that only the sum of KRW 248 million was leased on November 21, 1997, the Defendant is obligated to pay to the Plaintiff the sum of the above loans and delay damages.

2. As to this, the defendant defenses that the plaintiff's loan claim expired after the completion of prescription, it appears that the plaintiff is able to exercise his right on each of the above lending dates because the repayment period of the above loan claim is not separately fixed, and it is evident in the record that the application for the payment order of this case was filed on June 17, 2016 after the lapse of 10 years from the above lending date. However, according to each of the above evidence, the plaintiff received the order for payment of loans from the Cheongju District Court 2006Guju District Court 206Ka9647 on December 26, 206 on the ground of the above loan claim on December 26, 2006 and the above order became final and conclusive on January 13, 2

As such, the defendant's defense is therefore groundless.

3. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from June 25, 2016 to the date following the delivery date of the original copy of the instant payment order, as sought by the Plaintiff, as to the above loan 24.8 million won, and as the Plaintiff seeks, the Defendant is obligated to pay damages for delay at the rate of 15% per annum from June 25, 2016 to the date of complete payment