(영문) 서울북부지방법원 2014.07.03 2014가단10523

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(영문) 서울북부지방법원 2014.07.03 2014가단10523

대여금등

Text

1. The Defendant shall pay 25,200,000 won to the Plaintiff and 20% per annum from March 25, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 22, 2002, the Plaintiff lent the above money to the Defendant by means of remitting KRW 10 million to Nonparty C at the Defendant’s request.

B. Around January 2004, the Plaintiff organized the number system of KRW 20,000,000 (hereinafter “instant system”) and the Defendant joined the said system at one-half unit (10,000,000), one-two unit (10,000,000), nine unit (10,000,000), and fifteen unit (15).

C. The defendant received each amount of KRW 10 million and KRW 10,000,000 corresponding to the 1/2 unit of 3/2 unit around March 2004 and KRW 10,000,000 corresponding to the 4/2 unit around April 2004. However, since the plaintiff did not pay the fraternity amount corresponding to the above 4 unit, the defendant paid the total amount of KRW 19.2 million on behalf of the plaintiff.

After that, the accounts of this case were terminated, and the defendant paid 4 million won in total to the 9th and 15th of the accounts of this case, and the plaintiff and the defendant paid 4 million won in total to the 3rd and 4th of the accounts of this case, which are the deduction from the amount paid by the plaintiff on behalf of the plaintiff.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, 3-1 to 4, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Therefore, according to the above facts of recognition, the defendant is obligated to pay to the plaintiff 20 million won calculated by deducting 4 million won from the total amount of the above loan and the fraternity deposit amount of 29.2 million won, barring special circumstances, the defendant is obligated to pay 25.2 million won and damages for delay.

B. The Defendant asserts that the Defendant’s act of joining the instant fraternity is an ancillary commercial activity conducted by the merchants for their business, and the five-year extinctive prescription under the Commercial Act is applied, and the Plaintiff’s claim for the said fraternity has expired five years after the completion of the instant fraternity.

Article 5, Paragraph 1 of the Commercial Code does not operate a system by the merchant's way, but by the merchant's way.

참조조문

-상법

-상법 제5조 제1항

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