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(영문) 서울북부지방법원 2017.08.17 2017가단11039
대여금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from May 20, 2017 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the evidence Nos. 2 and 6 evidence Nos. 2 and 6, the facts are as follows: (i) the Plaintiff: (ii) the amount of KRW 3 million on Jul. 12, 200; (iii) the amount of KRW 2.5 million on Apr. 18, 2003; (iv) the amount of KRW 5 million on May 29, 2003; (v) the amount of KRW 3 million on Dec. 1, 2003; and (vii) the amount of KRW 70 million on Feb. 2, 2004; and (vii) the amount of KRW 3 million on June 30, 200 on the loan that the Plaintiff lent to the Defendant, without having obtained the ownership of KRW 4 million on June 30, 206; and (vii) the amount of KRW 3 million on the loan No. 400,300,94.616.

2. Determination

A. According to the facts of the above recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the loan of KRW 60 million and the damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 20, 2017 to the day of full payment, as the Plaintiff seeks.

B. As to the judgment on the defendant's defense, the defendant defenses that excluding 18 million won of loans as of April 29, 2009, out of the above loan claims, had expired by prescription. However, the fact that the defendant approved the remaining loan claims on September 2, 2007 is the same as the above, and the lawsuit in this case was filed on May 15, 2017, which was before the expiration of 10 years from that time. Thus, the defendant's defense is not justified.

(In addition, the defendant recognized all the claims of the plaintiff in the reply of this case). 3. Then, the plaintiff's claim is justified.

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