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(영문) 인천지방법원부천지원 2019.05.24 2018가단119157
대여금
Text

1. The defendant's KRW 81,900,000 and its amount shall be 5% per annum from November 18, 2009 to October 31, 2018 to the plaintiff.

Reasons

1. The fact that the Plaintiff lent KRW 81,90,000 to the Defendant on October 7, 2008, the due date for repayment of KRW 81,90,000 to the Defendant on November 17, 2009, is not a dispute between the parties, or that the evidence No. 1 provides the whole purport of the pleadings.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff a loan of KRW 81,90,000 and damages for delay at each rate of KRW 5% per annum prescribed by the Civil Act from November 18, 2009 to October 31, 2018, which is the day following the due date for repayment of the instant complaint, and KRW 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The defendant's assertion that the above claim was extinguished after the lapse of the statute of limitations from October 2008, but the statute of limitations does not run before the maturity of the claim due date, and the fact that the lawsuit in this case was filed on October 5, 2018 before the lapse of 10 years from November 17, 2009, the maturity of the above loan claim, is apparent in the record. Thus, the above argument by the defendant is without merit.

3. According to the conclusion, the plaintiff's claim of this case is reasonable.

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