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(영문) 인천지방법원 2020.09.09 2020가단204772
대여금
Text

1. As to the Plaintiff KRW 120,000,000 and its KRW 10,000 among them, the Defendant shall from January 15, 2009 to February 6, 2020.

Reasons

1. Facts of recognition;

A. On January 14, 2009, the Plaintiff agreed to pay KRW 10 million to the Defendant on the fifth day of each month by the Party Bank as of January 14, 2012, and lent the loan to the Defendant as of January 14, 2012.

B. On October 8, 2012, the Plaintiff additionally lent KRW 110 million to the Defendant for the purpose of purchasing real estate, including KRW 20 million, KRW 50 million on November 26, 2012, and KRW 10 million on November 28, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the defendant is obligated to pay the plaintiff a total of KRW 120 million from January 15, 2009 to February 6, 2020, the service date of a copy of the complaint of this case from January 15, 2009 to February 6, 2020; interest or delay damages calculated at the rate of 12% per annum as stipulated in the Civil Act from the next day to the day of full payment; interest or delay damages calculated at the rate of 10 million from February 17, 2020 after the expiration of 10 million from the delivery date of the copy of the complaint of this case to the day of full payment; and as to the remainder of KRW 110 million from the day after the expiration of 100 million from the delivery date of the copy of the complaint of this case ( long as there is no evidence to acknowledge that the plaintiff agreed at the time of repayment of KRW 110 million to the defendant, the defendant is liable to pay the above repayment delay from the day of the loan of this case.

3. Determination on the defense, etc.

A. As to the loan amount of KRW 10 million on January 14, 2009, the Defendant agreed to pay interest at 5% per annum on the loan amount as of January 14, 2009, but the Defendant did not pay the interest at all at all, thereby losing the benefit of the period and the due date comes. Thus, the ten-year statute of limitations for the above loan amount has expired.

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