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(영문) 전주지방법원 2020.12.15 2019가단31575
양수금
Text

1. The defendant shall pay 10 million won to the plaintiff and 24% per annum from August 1, 2009 to the day of complete payment.

Reasons

1. Facts of recognition;

A. C on November 30, 2004, set a loan of KRW 110 million to the Defendant at an interest rate of 2% per month (hereinafter “instant loan”), but did not receive any interest from the Defendant at all.

B. On July 7, 2009, the Defendant deposited the interest on the instant loan into the account on the 30th day of each month. However, even once payment is delayed, the Defendant prepared and delivered a letter of intent to automatically lose the benefit of time and repay the principal and interest without notice or peremptory notice.

C. However, until the end of July 2009, the Defendant lost the benefit of time by failing to pay C the interest.

C On March 23, 2010, after transferring the principal and interest claim of the instant loan to the Defendant to the Plaintiff, on March 24, 2010, notified the Defendant of the purport of the assignment by content-certified mail. The above notification reached the Defendant on March 25, 2010.

E. On May 20, 2019, the Plaintiff urged the Defendant to repay the principal and interest of the instant loan by content-certified mail, and the said notification reached the Defendant on May 23, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7, Gap evidence Nos. 5 and 6-1 and 2, the purport of the whole pleadings

2. It is difficult to recognize that the nature of the instant loan was changed to, or modified into, an investment by only a part of the evidence No. 4.

The loan of this case and the obligation for late payment after the due date shall be subject to the application of 10 years of civil statute of limitations.

On May 23, 2019, before the expiration of 10 years from July 7, 2009, each of which was written by the Plaintiff, notified the Defendant to perform the obligation, and as long as the Plaintiff applied for the instant payment order on November 19, 2019, which was six months before it was completed, the Defendant’s assertion for the expiration of the extinctive prescription cannot be accepted.

The defendant's principal amounting to the plaintiff 10 million won and the day after August 1, 2009, which is the day after the day when the plaintiff loses the term interest.

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