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(영문) 대전지방법원논산지원 2019.11.14 2019가단20767
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 339,243,504 and the interest rate of KRW 19% per annum from November 24, 2010 to the day of full payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 1, 2, 3, and 4 as to the cause of the claim and the entire pleadings, the plaintiff lent 650 million won to the defendant on April 17, 2008 at the repayment date of April 17, 2010, interest rate of 8.5% per annum, delay damages interest rate of 19% per annum, and the fact that the remaining principal of the base date of November 24, 2010 is 339,243,504.

According to this, the defendant is obligated to pay to the plaintiff the remaining principal 339,243,504 won and damages for delay at the rate of 19% per annum from November 24, 2010 to the date of full payment.

Although the defendant has set up a defense of extinctive prescription, the plaintiff is a DDR established under the Credit Unions Act, and according to the Credit Unions Act, it cannot be viewed as a non-profit-making corporation, and therefore the Civil Act generally applies to its activities and transactions.

In addition, there is no evidence as to the circumstances in which the instant loan claims can be seen as commercial claims.

Therefore, the period of extinctive prescription of the instant loan claims is ten years as stipulated in the Civil Act. The fact that the period of repayment of the instant loan claims was April 17, 2010 is as seen earlier, and the fact that the Plaintiff submitted an application for the instant payment order on January 8, 2019, the period of payment of which was ten years or less, is apparent. Thus, the Defendant’s defense of extinctive prescription is without merit.

2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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