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(영문) 춘천지방법원원주지원 2017.11.02 2016가합406
대여금반환
Text

1. The defendant shall pay 250,000,000 won to the plaintiff and 18% per annum from December 31, 2007 to the day of full payment.

Reasons

1. The following circumstances, which can be acknowledged by comprehensively taking account of the descriptions of Gap's evidence Nos. 1, 3, 4, 7, and 12 as to the cause of the claim and the purport of the entire pleadings, namely, ① since the plaintiff transferred approximately 270,00,00 won to the defendant or his husband C over about 40 times from April 1997 to September 2004, it appears that the above money was lent; ② the plaintiff seized the defendant's 402 floor No. 402 of Gangdong-gu Seoul Metropolitan Government D apartment owned by the defendant on July 9, 2008, but the defendant did not raise an objection to the above; ③ The defendant filed the lawsuit in this case and the plaintiff exercised the loan certificate (Evidence No. 2), but there was no criminal charge and no disposition of non-prosecution disposition on charge of the plaintiff, etc., the defendant can confirm the principal and interest of the loan and pay the loan certificate to the plaintiff (Evidence 2).

Therefore, comprehensively taking account of the evidence evidence No. 2 and the above evidence, it can be acknowledged that the defendant agreed to pay to the plaintiff KRW 250,000,000 on April 1, 2005 with the payment period of KRW 1.5% per December 30, 2007 and interest month of 1.5% per annum, barring any special circumstance, the defendant has the obligation to pay to the plaintiff the interest and delay damages calculated at the rate of KRW 250,00,000 and the rate of KRW 18% per annum (1.5% per month x 12 months).

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

A. First, the defendant asserts that the loan claim incurred prior to 10 years since July 9, 2008, as the plaintiff attached real estate owned by the defendant, was extinguished by prescription.

As seen above, the Plaintiff agreed on April 1, 2005 to pay KRW 250,000,000 to the Plaintiff on April 1, 2005, which was prior to the expiration of the extinctive prescription period for the loans claimed by the Defendant, at the rate of 1.5% per month from the due date and interest.

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