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(영문) 수원지방법원평택지원 2017.09.26 2017가단50292
대여금
Text

1. The Defendant’s KRW 150,000,000 for the Plaintiff and 5% per annum from October 21, 2006 to November 23, 2016.

Reasons

1. The fact that there is no dispute over the cause of claim No. 1, and according to the evidence No. 1, the plaintiff agreed to lend 150,000,000 won to C on September 21, 2006 with the due date set on October 20, 2006, and to pay 180,000,000 won plus the principal amount of 150,000,000 won and interest of 30,000,000 won during the said due date, and to pay 30,00,000 won per month after the said due date. It is recognized that the defendant jointly and severally guaranteed this.

Therefore, the Defendant, as requested by the Plaintiff, is obligated to pay to the Plaintiff the principal amounting to KRW 150,00,000 and damages for delay calculated at the rate of 5% per annum under the Civil Act from October 21, 2006 to November 23, 2016, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. As to the judgment on the defendant's defense, the defendant asserted that the above claim against the defendant against the defendant was extinguished by prescription with the claim to which the statute of limitations for commercial claims of five years applies, but there is no evidence to acknowledge that the above claim is subject to the statute of limitations for commercial claims of five years. Thus, the defendant

(1) The plaintiff filed the instant lawsuit on September 13, 2016, and the ten-year statute of limitations is apparent in the records that the ten-year statute of limitations has not been completed, and thus, the defendant's defense of the completion of the ten-year statute of limitations is not reasonable). 3. If the plaintiff's claim of this case is reasonable, it is so decided as per Disposition by the assent of all participating Justices.

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