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(영문) 서울중앙지방법원 2016.10.12 2016가단103079

대여금

Text

1. The defendant shall pay to the plaintiff KRW 45,373,827 as well as KRW 25,00,000 among them, from April 4, 2016 to the date of full payment.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff and the debtor is the defendant) is not disputed between the parties, or can be recognized in full view of the purport of Gap evidence Nos. 1 through 6 and the whole pleadings. As such, the defendant is obliged to pay to the plaintiff damages for delay calculated at the rate of 15% per annum, which is the delayed interest rate, from April 4, 2016 to the date of full payment of the final interest rate of KRW 45,373,827 in total, and the principal amount of KRW 25,00,000 in total, among these amounts, to the plaintiff.

2. As to the defendant's defense, the defendant's defense was proved to have expired the statute of limitations. However, according to the evidence Nos. 5 and 6, the defendant's defense is found to have been finally extended on May 20, 201 as of June 20, 201, and since the lawsuit of this case was filed before five years have passed thereafter, the defendant's defense is therefore groundless.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.