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1. As to the Plaintiff’s KRW 210,00,000 and its KRW 60,000 among them, the Defendant shall be annually from April 25, 2004 to June 29, 2007.
Reasons
1. Indication of claim;
A. The Plaintiff, on September 25, 2003, lent to the Defendant 5% a monthly interest rate of KRW 60 million, and thereafter additionally lent KRW 150 million, including KRW 40 million on April 16, 2004, KRW 40 million on April 2004, KRW 58 million on April 21, 2004, KRW 200 million on April 22, 2004, and KRW 150 million on April 22, 2004.
B. On July 1, 2005, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the above loan by this court 2005Gahap81, and won a favorable judgment on the same content as the purport of the claim, but failed to execute the above loan up to now, and subsequently filed a lawsuit again for the extension of the extinctive prescription.
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).
3. Part 3 of the dismissal
A. The Plaintiff claimed interest or delay damages calculated at the rate of 60% per annum with respect to KRW 60 million, but the Interest Limitation Act was enacted on March 29, 2007 and enforced on June 30, 2007. As to the interest rate under a contractual relationship established prior to the enforcement of the above Act, the above Act requires the calculation of the interest rate under the above Act after the enforcement date of the above Act. Since the maximum interest rate under a contractual interest rate under Article 2(1) of the Interest Limitation Act enacted on June 28, 2007 is set at 30% per annum as to the maximum interest rate under a contractual interest rate under Article 2(1) of the Interest Limitation Act enacted on June 28, 2007, the part exceeding the above recognition limit is without merit.
B. In addition, the Plaintiff claimed damages for delay calculated at the rate of 20% per annum from March 30, 2005 with respect to KRW 150,000,000,000, but the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is changed from 20% per annum to 15% per annum. However, the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was promulgated on September 25, 2015, and was promulgated on October 1, 2015, to be subject to the interest rate under the above amended provisions, and thus exceeds the above recognition range among the Plaintiff’s above claims.