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(영문) 울산지방법원 2020.02.11 2019가단11943
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 65,00,000 and the interest rate of KRW 12% per annum from October 3, 2019 to the date of full payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. On July 10, 2014, the Plaintiff leased KRW 65,000,00 to the Defendant.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A No. 1, the purport of the whole pleadings

B. In light of the facts acknowledged above, the Defendant is obligated to pay the Plaintiff the amount of KRW 65,00,000 and damages for delay calculated at the rate of 12% per annum from October 3, 2019 to the date of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. Although the defendant alleged the above money as investment money, it is insufficient to recognize such assertion with the evidence submitted by the defendant.

In addition, it is judged that there is no dispute between the parties that the defendant agreed to pay the above money to the plaintiff, regardless of the nature of the above money.

B. The Defendant asserts that the instant claim was placed at the short-term extinctive prescription of three years and the period expired. However, the instant claim is not a claim for the purpose of paying interest, support fees, salaries, and other money for a period of not more than one year (the extinctive prescription of equity claims arising from a loan claim, which is a basic right, is determined, and the claim that is determined within one year here refers to a claim that is regularly paid within one year (see Supreme Court Decision 2016Da45779, Feb. 28, 2018). However, as seen earlier, the instant claim is a basic right, and thus does not require the short-term extinctive prescription of three years.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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