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(영문) 서울남부지방법원 2020.05.13 2019가단14077
차용금 청구의 소
Text

1. The Defendant’s KRW 200,000,000 as well as 36% per annum from February 1, 2012 to August 22, 2019 to the Plaintiff.

Reasons

The Plaintiff and the Defendant are obliged to pay KRW 200 million to the Plaintiff by January 31, 2011, the amount of KRW 36% per annum from the following day to the date of completion of the deed (hereinafter referred to as the “notarial deed in this case”) which the Plaintiff and the Defendant shall pay to the Plaintiff the amount of KRW 200,000,000 per annum and KRW 36% per annum from February 1, 2012 to August 22, 2019, and 12% per annum from the following day to the date of full payment.

As to this, the Defendant’s assertion that the instant notarial deed was made out of a loan as a commercial activity, and thus constitutes an extinctive prescription of five years. The Plaintiff’s assertion that the said notarial deed was made in the process of agreement on the repayment of the money that the Defendant promised to pay on May 22, 2008, and it does not constitute a commercial activity, and even if not, it re-claimed that the extinctive prescription was interrupted by preparing a letter of payment accepting the said obligation on June 17, 201

According to the evidence evidence Nos. 2 and 3, the notarial deed of this case was prepared by the defendant to pay the plaintiff the unpaid amount out of the amount which the defendant promised to pay to the plaintiff on May 22, 2008 in relation to the development business agency contract. On June 17, 2015, it is recognized that the defendant delivered a letter of promise to pay the above obligation to the plaintiff. Thus, the defendant's defense is without merit.

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