1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. From January 1, 1998, the Defendant is a person who operated a household store with D’s trade name with his husband from January 1, 1998.

B. On July 9, 2004, the Plaintiff’s “the principal” from the Defendant

7. The loan of 20 million won as of September 9, 2000 and the promise to repay as of February 9, 2005. The interest rate shall be five percent (5%) per half (2%) per month.

“After receipt of the loan certificate stating its contents, the Defendant remitted KRW 20 million to the Defendant’s account and lent the loan (hereinafter “instant loan”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendant is obligated to refund to the Plaintiff the interest or delay damages at the rate of 30% per annum, which is the agreed interest rate from July 10, 2004 to the date of full payment, which is the day following the above lending date, to the Plaintiff.

B. The defendant's defense 1) between July 15, 2004 and May 15, 2006, the defendant repaid to the plaintiff KRW 42,01,100 as the principal and interest of the loan of this case.

B) In addition, the Plaintiff’s instant loan claim against the Defendant is a commercial claim, and the five-year extinctive prescription has expired, and the five-year extinctive prescription has expired. 2) evidence No. 6 (including the provisional number; hereinafter the same shall apply)

According to the statement, the defendant's remittance of 41,96,50 won as listed below between July 15, 2004 and May 15, 2006 is recognized. The payment date of 5,200 on August 15, 2005 (the original payment date) shall be 70,000 on August 15, 200 on 10, 2000 on August 9, 2004; 16. 70,000 on August 16, 200, 200, 16. 16. 16. 1, 200, 00 on August 16, 200, 200 on August 16, 2005; 1, 2003; 13. 40,000 on August 40, 200 on August 13, 2004;