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(영문) 광주지방법원순천지원 2016.07.06 2015가단15140
대여금
Text

1. The Plaintiff:

A. Defendant A shall pay KRW 33,819,252 and KRW 10,751,530 among them from June 16, 2015 to the date of full payment.

Reasons

According to the purport of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 1, and 2 and the whole pleadings, the plaintiff loaned 55 million won to the deceased C (hereinafter "the deceased") on June 21, 2003 (the interest rate set by the plaintiff shall be applied until June 21, 2006, but the interest rate for delay shall be 15% per annum). The plaintiff received a payment order (the "payment order of this case"; the "payment order of this case"). The deceased died on March 24, 2008 and the principal and interest of the loan as of June 15, 2015 shall remain 21,50,000 won and shall be reported to the Busan Family Court's heir, and the plaintiff shall be 15% per annum and 15% per annum.

According to the facts acknowledged as above, Defendant A is obligated to pay to the Plaintiff 15% interest per annum on KRW 33,819,252 and KRW 10,751,530 per annum from June 16, 2015 to the date of full payment. Defendant B is obligated to pay to the Plaintiff 33,819,252 won within the scope of the property inherited from the Deceased and KRW 10,751,530 per annum from June 16, 2015 to the date of full payment.

Although Defendant B asserted that the claim of the instant loan was extinguished due to the expiration of the extinctive prescription, as seen earlier, the instant payment order became final and conclusive on December 9, 2005, and the instant lawsuit was filed on August 13, 2015, which was before the expiration of 10 years (Article 165(1) of the Civil Act), and therefore, the said defense was groundless.

The plaintiff's claim against the defendants is justified and accepted.

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