logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.02.03 2016가합3615
양수금
Text

1. The defendant shall pay 50 million won to the plaintiff and 25% per annum from March 28, 2006 to the day of complete payment.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 4, and 7, on March 28, 2006, Eul transferred the principal and interest on the loan of this case to the plaintiff on March 24, 201. On May 26, 2011, Eul transferred 50 million won to the defendant company engaged in construction business, etc. (=6 million won per day (6 million won per day) x 5,00% per annum if converted to five, 2190% per annum (=6% per day x 365 days)), the due date for repayment was determined as March 31, 2006 (hereinafter "loan of this case"). Eul transferred the principal and interest on the loan of this case to the plaintiff on March 24, 201. The plaintiff entrusted with the power to notify the transfer of the claim by Eul to the defendant on May 26, 201, the defendant can be acknowledged to have paid the principal of this case to the plaintiff from 205 billion won to May 27, 2011.

In regard to this, the Defendant asserted that the principal and interest of the instant loan claim has expired due to the expiration of the extinctive prescription period. As seen earlier, the fact that the maturity period of the principal and interest of the instant loan claim was March 31, 2006 is the same as stated above. The fact that the instant lawsuit was filed on August 30, 2016, which was after the expiration of the extinctive prescription period of the instant loan claim, following the lapse of the five-year period stipulated in the Commercial Act from the due date of payment of the loan to March 31, 2011, is apparent in the record. However, in full view of each of the arguments stated in the evidence Nos. 5, 6, and 8, the Defendant waived the interest of the completion of the extinctive prescription by promising the Plaintiff to repay the principal and interest of the instant loan claim on September 2, 201, which was after the expiration of the extinctive prescription period. Accordingly,

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

arrow