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(영문) 광주지방법원 2019.11.29 2019가단14931
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts without dispute;

A. By October 28, 2002, the Plaintiff lent KRW 50,000,000 to the Defendant’s singinging room operation funds.

B. On March 25, 2003, the Plaintiff lent KRW 29,500,000 to the Defendant as its operation fund for singing rooms operated by the Defendant.

C. On November 19, 2003, the Plaintiff was drafted with a promissory note 90,000,000 in each of the above loans, including interest, from the Defendant.

On October 26, 2009, the Plaintiff re-written a loan certificate of KRW 90,00,000 from the Defendant on October 25, 2012, the annual interest rate of KRW 6%, and the loan principal of KRW 90,00.

2. Determination

A. According to the above facts finding as to the cause of claim, the defendant is obligated to pay to the plaintiff KRW 90,000,000 according to the repayment agreement dated October 26, 2009 and damages for delay incurred from the day after the due date to the day of full payment, unless there are special circumstances.

B. Judgment as to the defendant's assertion 1, the defendant 1's above 1

A. Although the loan under the Paragraph (b) has already been repaid, the defendant forced the plaintiff to pay the loan under the above 1-D.

The loan certificate of this subsection has been drawn up.

In addition, the defendant 1-

A. The author argues that the statute of limitations has expired since the merchant operating singing at the time of the borrowing of subsection (b) was over five years.

2. First, we examine whether the Plaintiff’s claim has expired by prescription.

As seen earlier, the Plaintiff’s claim dated October 26, 2009 specified the sum of the Plaintiff’s loan for singing room operation and accrued interest against the Defendant on October 28, 2002 and March 25, 2003 as the borrowed principal, and the maturity for payment is newly set and re-determined. At the time of lending, the Defendant’s lending of money from the Plaintiff on October 28, 2002 and March 25, 2003, as the Plaintiff was a merchant operating singing room, and thus, the Defendant, a merchant, borrowed money from the Plaintiff on March 25, 2003, as a supporting commercial activity.

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