logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.05.14 2012가합100710
대여금
Text

1. The Defendant shall pay the Plaintiff KRW 500,000,000 and the interest rate of KRW 20% per annum from December 22, 2012 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's statement Nos. 12 through 16, and 18's statement and the fact-finding results with Korea Bank and Samil Accounting Corporation, etc. of this court, the plaintiff loaned a total of 3,91,206,230 won to the defendant over 66 times as shown in the separate loan statement from June 15, 2006 to August 10, 209. The plaintiff lent a total of 2,378,70,70,700, 2000, 300, 2007, 200, 300, 200, 300, 2000, 300, 207, 2000, 200, 2000, 300, 207, 200, 2007, 2000.

The plaintiff asserts that he lent KRW 13,00,000 to the defendant on June 24, 2009, in addition to the attached lending statement, but it is not sufficient to recognize only the evidence of subparagraphs A through 16, and there is no other evidence to acknowledge the above assertion.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 2,605,403,639 (i.e., KRW 3,911,206,230 - KRW 1,305,802,591) as part of the loan balance (i.e., KRW 500,000,000 sought by the Plaintiff and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 22, 2012 to the date of full payment.

2. Judgment on the defense

A. The defendant set up a defense that the five-year extinctive prescription of the plaintiff's loan claim incurred five years prior to the filing date of the instant lawsuit has expired.

The plaintiff is deemed to be a stock company and the act of the merchant is presumed to be a commercial activity. Therefore, the plaintiff's loan claims against the defendant should be exercised for five years in accordance with Article 64 of the Commercial Act.

arrow