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1. The Defendant shall pay KRW 30 million to the Plaintiff the annual interest rate of KRW 25% from October 12, 201 to the day of full payment.
Reasons
1. On August 24, 2004, the first Savings Bank Co., Ltd., Ltd. (hereinafter “Japan Savings Bank”) prior to the bankruptcy, extended a loan of KRW 2,923,058,767 (hereinafter “instant loan”) to the Defendant on August 24, 2004, setting the repayment period at 25% on August 24, 2006, with the overdue interest rate of KRW 2,923,058,767 (hereinafter “instant loan”).
The remaining principal amount as of October 11, 201 pertaining to the instant loan is KRW 2,875,583,388, and the subsequent principal and interest have not been repaid.
[Grounds for Recognition: Evidence No. 1, the purport of the whole pleadings]
2. According to the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the principal of KRW 300 million, which the Plaintiff seeks as a partial claim for the principal and interest of the instant loan, and to pay the Plaintiff the interest at the rate of KRW 25 per annum, which is the overdue interest rate from October 12, 2011 to the date of complete payment, which is the day following the remaining principal base date
3. Judgment on the defendant's assertion that the statute of limitations expired
A. The facts that the maturity period of the principal and interest claim of the instant loan was August 24, 2006 are as seen earlier, and the instant lawsuit is obviously recorded on May 20, 2015, which was five years after the lapse of the commercial prescription period from the said lawsuit.
B. However, according to the following facts and circumstances, which are acknowledged as a whole by integrating the purport of the entire pleadings from evidence Nos. 2 to 4, the extinctive prescription of the principal and interest on the loan of this case was interrupted by the defendant's approval of the obligation and the plaintiff's exercise of rights. Since the lawsuit of this case was filed within five years from the date the extinctive prescription period has run again, the plaintiff's petition pointing this out should be accepted, and the defendant's claim
The defendant, on June 26, 2007, submitted a written request for cooperation (Evidence A2) to the Japanese Savings Bank to the effect that the repayment period will be deferred until November 20, 2007, and approved the principal and interest obligation of the loan of this case. The above approval is given.