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(영문) 서울북부지방법원 2016.11.25 2016가단18866
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and interest rate of KRW 15% per annum from April 8, 2016 to the date of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments as to the grounds for the claim Gap's evidence Nos. 1 and 2, the plaintiff lent KRW 52.5 million to the defendant around May 2006, and the defendant issued a promissory note with face value of KRW 52.5 million to the plaintiff on June 7, 2006, and due date of payment, December 30, 2014. The defendant paid part of the above loan, and the defendant prepared and issued a loan certificate with a loan of KRW 35 million to the plaintiff on October 29, 2006. Thus, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 8, 2016 to the date following the delivery of a copy of the complaint of this case requested by the plaintiff to the plaintiff.

Although the Defendant asserts to the effect that the above loan claim had already been extinguished by the statute of limitations, the fact that the repayment period of the loan was December 30, 2014 is as seen earlier, and the fact that the instant lawsuit was filed on February 19, 2016, which was before the lapse of 10 years from that date, is apparent in the record, and thus, the Defendant’s above assertion is without merit.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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