(영문) 춘천지방법원강릉지원 2019.10.01 2019나30591

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(영문) 춘천지방법원강릉지원 2019.10.01 2019나30591

대여금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. According to the purport of Gap evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant for loans with Seoul Northern District Court 2006Da63793, May 7, 2008. The plaintiff and the defendant paid 30 million won to the plaintiff on the above lawsuit on May 7, 2008 (hereinafter "the defendant paid 30 million won to the plaintiff in installments, and 10 million won until July 10, 2008, and 10 million won until August 11, 2008, and 10 million won until September 10, 2008, respectively, and 10 million won until September 10, 2008, if the defendant paid the above installment one time, it is evident that the payment of damages for delay by adding 30% per annum from the day following the loss of accrued interest to the day on which the payment due date is fully paid. The plaintiff can be acknowledged as being the same as the conciliation protocol of this case.

Meanwhile, on July 16, 2008, the Plaintiff was paid KRW 10 million as the principal of the instant conciliation amount, and KRW 2 million as the damages for delay with respect to the instant conciliation amount on March 16, 2009.

B. According to the above facts of recognition, the Defendant is obligated to pay the instant conciliation payment to the Plaintiff, and the instant lawsuit for the interruption of extinctive prescription is recognized as having been brought on April 5, 2018 when the ten-year period from the due date stipulated in the instant conciliation protocol was imminent, and the benefit of the lawsuit is also recognized.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the unpaid principal amount of KRW 20 million and damages for delay calculated at the rate of 30% per annum from March 17, 2009 to the date of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's defense

A. As to the gist of the defense, the defendant is between the defendant and the defendant after the conclusion of the above mediation.

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