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(영문) 서울중앙지방법원 2017.04.12 2016가단5244203
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 84,023,518 and the amount of KRW 29,102,196 from February 25, 2016 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap evidence Nos. 1 through 8, 133-2, 200,00 won under the name of the general loan No. 50 million won (interest rate of 12% per annum and 22% per annum; hereinafter "the first loan agreement"), and on February 8, 200, 200, general loan No. 20 million won (interest rate of 15.5% per annum and interest rate of 22% per annum; hereinafter "the second loan agreement") were loaned respectively to the defendant as of February 24, 2016; 2. The principal and interest pursuant to the first loan agreement as of February 24, 2016 remains 21,434,687, 38, 127, 810 won per annum, 56, 497, 2067, 2016, 3616, 2067, 27.16, 27.44.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 17% per annum from February 25, 2016 to the day of full payment, which is the day following the date of final calculation of interest on the total amount of each of the above principal and interest of loans of KRW 84,023,518, and the total amount of the principal of the loans of KRW 29,102,196.

2. Judgment on the defendant's assertion

A. The defendant alleged that ① the defendant paid the above principal and interest of loan due to the execution of voluntary auction on the real estate owned by the defendant around March 2001, and the compulsory auction on the automobile owned by the defendant around May 2007, and ② around September 5, 1999, the defendant planned to build a new building on the land owned by the defendant and build a new sales facility or other commercial facilities lease business on the land owned by the defendant, so he constitutes a merchant, the five-year extinctive prescription as to the loan claim of this case should be applied. Since the plaintiff filed the lawsuit of this case more than five years after June 5, 2008, which is the final repayment date, the plaintiff filed the lawsuit of this case after the lapse of five years from June 5, 2008.

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