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(영문) 서울중앙지방법원 2016.06.22 2015가단5279585
대여금
Text

1. The defendant shall pay to the plaintiff KRW 114,283,713.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

Attached Form

The facts in the cause of the claim can be acknowledged in full view of the whole purport of the arguments in each statement in Gap and 4. Thus, the defendant is obligated to pay the plaintiff the interest accrued to the attempted interest stated in the disposition.

Of the Plaintiff’s principal and interest of the instant loan, the Defendant argued to the effect that the interest and late payment penalty accrued prior to June 19, 2012, which was from June 19, 2015 to June 19, 2012, which was three years prior to the date of receiving the application for the instant payment order, shall be subject to the short-term extinctive prescription for three years pursuant to Article 163 subparag. 1 of the Civil Act. However, the Plaintiff’s claim for delay of monetary obligation is not subject to the damages, and the nature of the claim is not subject to the damages, and the claim does not constitute “claim within one year” under Article 163 subparag. 1 of the Civil Act, and thus does not constitute the subject of the short-term extinctive prescription for three years. Thus, the Defendant’s claim for extinctive prescription

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