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(영문) 서울중앙지방법원 2015.10.29 2014가단5347610
대여금
Text

1. As to KRW 5,91,505 and KRW 26,473,689 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 10, 2014 to August 18, 2015.

Reasons

1. Facts of recognition;

A. On July 3, 2002, the Plaintiff approved that the basic terms and conditions for banking transactions apply with the Defendant, and granted a loan to the Defendant with a maturity of KRW 30 million at the interest rate of KRW 13.1% per annum, maturity of July 2, 2009, interest interest rate of KRW 19% per annum, and repayment method of redemption at maturity.

B. The Defendant did not pay interest on the above loan after January 14, 2009 and lost the benefit of time.

C. The loan principal calculated under the above loan agreement as of December 9, 2014 is KRW 26,473,689, and the agreed interest and overdue interest are KRW 29,517,816.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 3-1 and 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 55,91,505 as the principal and interest of the loan and KRW 26,473,689 as to the Plaintiff’s KRW 26,689, Dec. 10, 2014, the delivery date of the application for amendment of the purport of the instant claim from December 18, 2015, the agreed interest rate of KRW 19% per annum and KRW 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment

B. As to the defendant's defense, the defendant set up a defense that the loan obligation of this case expired by prescription.

According to each of the evidence No. 3-1, No. 3-2, and No. 6, the Defendant may recognize the fact that the Defendant repaid KRW 280,00 as interest of the above loan on November 30, 209, and KRW 81,018 on April 6, 2010.

The approval of an obligation as a ground for interruption of extinctive prescription is established by indicating that the obligor, who is a party to the extinctive prescription benefit, would lose the claim due to the completion of the extinctive prescription period, or his/her agent is aware of the other party’s right or the other party’s obligation. As above, the Defendant’s repayment of part of the above loan obligation without reservation against the Plaintiff is an obligation under the said loan agreement.

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