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1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from September 22, 2016 to the day of complete payment.
Reasons
1. In full view of the purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and all the arguments, the plaintiff filed a lawsuit against the defendant for a loan claim under the Daegu District Court Branch Branch of 2006Da15555, the lawsuit was served on the defendant by public notice of the complaint and the date of pleading against the defendant. The above court concluded the pleading on February 15, 2007 and concluded the pleading on March 8, 2007. "The defendant shall pay to the plaintiff 35 million won and the amount calculated at the rate of 20% per annum from December 3, 2006 to the date of full payment," and it is recognized that the original copy of the judgment was served by public notice to the defendant and the above judgment became final and conclusive on March 29, 2007.
According to the above facts, the defendant is obligated to pay the plaintiff money in accordance with the above final judgment, and the lawsuit of this case is filed for the extension of the extinctive prescription of the claim based on the above final judgment, and there is interest in the lawsuit
Therefore, according to the above final judgment, the defendant is obligated to pay to the plaintiff 35,000,000 won and damages for delay calculated at the rate of 15% per annum from September 22, 2016 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order, as requested by the plaintiff.
2. Judgment on the defendant's assertion
A. The gist of the Defendant’s assertion 1) The Defendant did not borrow KRW 35 million from the Plaintiff. 2) The date of repayment of the above loan claimed by the Plaintiff was September 30, 1996, and the extinctive prescription has already expired since 20 years.
3. Around 1996, the Defendant issued to the Plaintiff a promissory note with “the issuer C, the face value of KRW 35 million, and the due date September 30, 1996 at the place of payment, Han-il Bank Racing Branch” and received KRW 35 million from the Plaintiff and used it, and then, at the time of the said issuer C’s payment prior to the due date, the said amount is KRW 35 million.