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(영문) 수원지방법원성남지원 2014.10.28 2013가합12576
대여금반환
Text

1. The defendant shall pay 142,00,000 won to the plaintiff and 20% per annum from December 31, 2013 to the day of complete payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 2 through 5 (including additional numbers) as to the cause of the claim and the entire purport of the pleadings, the plaintiff may each be found to have prepared and delivered a written statement to the plaintiff on Nov. 8, 2013 to the effect that the plaintiff would pay the above principal and interest of the loan to the defendant 23 times from March 21, 200 to September 7, 2004.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remaining loan amount of KRW 142,00,000 and damages for delay calculated at the rate of 20% per annum from December 31, 2013 to the date of full payment, which is clear that it is the next day after the copy of the complaint of this case was served.

2. The defendant's assertion argues that the defendant's above loans are commercial claims of the plaintiff, and the extinctive prescription has expired since five years have passed since the due date.

In addition, there is not only lack of evidence to prove that the Plaintiff’s above loan claims constitute commercial claims, but also it is difficult to view that the Plaintiff’s above loan claims have expired by prescription as long as the Defendant prepared and delivered a letter as stated in the above (3).

(A) The defendant asserts that the above letter is invalid, but there is no ground to view it as invalid. Therefore, the defendant's above assertion is without merit.

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

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