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(영문) 대구지방법원서부지원 2020.07.16 2019가합50131
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The loan amount from the No. 1450,00,000 as the due date for repayment on March 19, 2012, the agreement between the parties to the loan and the due date for repayment on March 20, 2012, 36% per annum 210,000,000,000 per annum 36% per annum 36% per annum on April 29, 2012, 2012, 36% per annum 36% per annum on April 29, 2012, 200, 36% per annum 420,000,000,000 per annum 36% per annum on July 12, 2013, 200,000 per annum 36% per annum on April 26, 2013.

A. The Plaintiff, a company established for the purpose of construction business, etc. (formerly: C Co., Ltd.) lent KRW 585,000,000 in total on four occasions as follows (hereinafter “instant loan”). D jointly and severally guaranteed the Defendant’s loan obligations against the Plaintiff.

B. D is serving as the Defendant’s internal director between January 5, 2012 and April 17, 2014, and as the Defendant’s auditor from March 21, 2016 to March 21, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 575,00,000,000, after subtracting the Plaintiff’s payment for part of the principal of the loan as of January 30, 2012, which was recognized by the Defendant as having been paid by the Defendant as payment for the part of the principal of the loan as of January 30, 2012, and the damages for delay in accordance with the respective interest or agreement.

3. Judgment on the defendant's defense of extinctive prescription

A. The defendant asserts that the plaintiff's loans of this case were extinguished by the prescription of five years after the expiration of the statute of limitations of commercial claims.

In order to constitute “claims arising from commercial acts” under Article 64 of the Commercial Act, which provides for the prescription for commercial claims, claims arising from only the debtor’s commercial acts shall be free of charge, and claims arising from not only the basic commercial activities provided for in Article 46 of the Commercial Act, but also the so-called “subsidized commercial activities” provided for in Article 47(1) of the Commercial Act, which are carried on by the merchants of Fran

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