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(영문) 서울중앙지방법원 2019.09.11 2019가단5131674
대여금
Text

1. The Defendant’s KRW 58,500,000 for the Plaintiff and the following: 15% per annum from May 14, 2019 to May 31, 2019;

Reasons

1. The facts stated in the separate sheet of claim for the determination of the cause of the claim do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to each stated in Gap 1 through 7.

Therefore, the Defendant is obligated to pay to the Plaintiff 58,50,000 won with the interest of 15% per annum from May 14, 2019 to May 31, 2019, and 12% per annum from the next day to the day of full payment.

(2) The Plaintiff’s assertion that the Plaintiff’s claim against the Defendant’s defense was extinguished by the extinctive prescription period of 10 years. However, according to the Plaintiff’s claim as stated in the evidence No. 15, the Plaintiff’s claim can be recognized as having been due for loss of benefit as of April 6, 201, and the Plaintiff’s claim for payment due to the expiration of the ten-year extinctive prescription period of 10 years, since May 21, 2019, pursuant to Article 2(2) of the Addenda, in a case where the pleadings were concluded after May 31, 2019, pursuant to Article 2(2) of the Addenda of the Special Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768).

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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