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1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual interest from May 27, 2015 to October 16, 2015, and the following.
Reasons
1. In light of the evidence No. 1-2 and evidence No. 1-2 of the judgment on the cause of the claim No. 1-2 and the whole purport of the pleadings in addition to the statement No. 1-2 of the evidence No. 2 of the plaintiff as to the cause of the claim, the plaintiff may recognize that the plaintiff extended KRW 5,00,000 to the defendant on Sep. 20, 2004, the payment period of KRW 10,000 on Oct. 2, 2004, the payment period of KRW 10,000 on Oct. 30, 2005, the remaining KRW 10,000 to the defendant on May 30, 2005 (hereinafter each of the above loans is referred to as "loan No. 1" and "loan No. 2 of this case").
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 25,000,000 for each of the instant loans and delay damages therefor.
2. Judgment on the defendant's assertion
A. The defendant asserted that the plaintiff paid KRW 5,000,000 to the first loan of this case around September 2004, but there is no evidence to acknowledge this. Thus, the defendant's assertion is without merit.
B. 1) The Defendant asserts that the statute of limitations has expired since the lapse of 10 years from the date of loan. 2) The fact that the repayment period of loan No. 1 of this case was September 20, 2004, and that the repayment period of KRW 10,000,000 among the loan No. 2 of this case was January 30, 2005. The Plaintiff’s payment order of this case is clearly recorded in the record that the application was filed on April 21, 2015, 10 years after the loan No. 1 of this case and the loan No. 2 of this case had expired.
However, a claim established by the due date is deemed to have become the starting point of extinctive prescription immediately when the due date has arrived (see, e.g., Supreme Court Decision 80Da226, Jan. 19, 1982). The due date for the remainder of KRW 10,000,000 out of the loans 2 of this case is May 30, 2005, and otherwise, the starting point of the extinctive prescription period for the remainder of KRW 10,000,000 is the starting point.