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1. The Defendant shall pay to the Plaintiff KRW 30 million at the rate of 15% per annum from September 22, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On March 18, 1997, the Plaintiff entered into a lease agreement with the Defendant on the terms of the lease deposit amounting to KRW 30 million, and up to March 17, 1999 (hereinafter “instant lease agreement”) and paid the lease deposit.
B. The Defendant agreed to borrow the deposit with the Plaintiff on March 31, 2009 in lieu of the refund of the lease deposit, as it failed to refund the lease deposit at the time when the lease contract of this case expires, and on February 8, 1999, the Defendant prepared and issued the loan certificate stating the above contents to the Plaintiff (hereinafter “the loan certificate of this case”).
C. The defendant did not repay the loan with the loan certificate of this case until now.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 30 million with 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 22, 2016 to the day of full payment, as requested by the plaintiff, which is the day following the delivery date of the copy of the complaint of this case after the due date.
B. The defendant's defense is proved that the statute of limitations has expired since 10 years have elapsed from March 17, 1999, which is the claim to return the lease deposit claimed by the plaintiff, as the claim to return the lease deposit.
According to the above facts, the defendant was unable to refund the lease deposit to the plaintiff at the expiration of the lease contract of this case. Accordingly, it is recognized that the plaintiff and the defendant entered into a quasi-loan agreement with the defendant on February 8, 199 that borrowed the lease deposit with the due date set on March 31, 2009. Accordingly, the claim sought by the plaintiff in this case is a loan under the quasi-loan for Consumption.