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(영문) 서울남부지방법원 2016.05.26 2016가합876
대여금
Text

1. The defendant shall pay 210,000,000 won to the plaintiff and 22.86% per annum from January 1, 2007 to the day of complete payment.

Reasons

In full view of the purport of the argument in Gap's evidence No. 1 as to the cause of the claim, the plaintiff is obligated to pay the plaintiff damages for delay calculated at the rate of 22.86% per annum from January 1, 2007 to the day of full payment, as the plaintiff's father of the defendant's father of December 4, 2003, setting the repayment period of KRW 210 million as 22.86% per annum, the parties to the agreement and the damages for delay. D, the defendant and the defendant's mother of the defendant, have affixed their signatures and seals on the above No. 1 as a joint guarantor of the above loan repayment obligation. Thus, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 22.86% per annum from January 1, 2007 to the day of full payment.

As to the defendant's defense, the defendant asserts that the above loan return claim expired after the lapse of ten years from December 4, 2003, the date when the above notarial deed was prepared.

However, the claim for the return of the above loan with the fixed period of time will proceed with the extinctive prescription from December 4, 2005, which is the due date of payment, and it is apparent in the record that the plaintiff applied for a payment order on November 10, 2015, which is ten years before the due date of payment. Therefore, the defendant's defense is without merit.

In conclusion, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition.

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