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(영문) 부산지방법원 2020.01.07 2019가단323186
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 120,00,000 and the amount thereof from August 4, 2014 to July 24, 2019.

Reasons

1. Determination as to the cause of claim

A. (i) The Plaintiff is a deadly disabled person of Defendant B, and the Defendants are married with each other.

B. The Plaintiff loaned the sum of KRW 18 million to the Defendant C’s account until April 23, 2014, including the transfer of KRW 70 million to the Defendant C’s account on November 19, 201 at the request of the Defendants.

Article 28(1) of the former Act provides that “If the Plaintiff lends 5 million won to the Defendant, the Plaintiff shall pay 120 million won per month (6% per annum if calculated at the interest rate) to the Defendant at the request of the Defendants, the Plaintiff shall pay 100,000 won per month (6% per annum if calculated at the rate of 20,000 won) in addition to 5,000 won.”

[Reasons for Recognition] Defendant B: The defendant C: The absence of dispute, Gap 1, Eul 2, and the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed interest rate of KRW 120 million per annum from August 4, 2014, which is the date of the last loan to the date of service of the copy of the complaint of this case, and 12% per annum from the next day to the date of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. Determination as to Defendant C’s assertion

A. Of the Plaintiff’s loan claims asserted by the Defendant, the period of extinctive prescription has expired since July 11, 2019, the date when the instant lawsuit was filed.

B. "Claims for the provision of money or goods within a period of one year" under Article 163 subparagraph 1 of the Civil Act refers to claims that are paid regularly within a period of one year, and since the maturity of payment does not refer to claims within one year, it shall be a fixed period of one year even if it is a interest claim.

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