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(영문) 수원지방법원여주지원 2020.02.13 2019가단4313
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 69,00,000 and the interest rate of KRW 12% per annum from June 28, 2019 to the day of complete payment.

Reasons

1. In light of the overall purport of the statements and arguments set forth in subparagraph 1-1-4 of the evidence No. 1-2 and the whole purport of the pleadings, it is recognized that the plaintiff loaned the defendant the amount of KRW 12 million on December 30, 2008 to the defendant on September 30, 2009. On January 15, 2009, the plaintiff lent the amount of KRW 15 million on August 30, 2009 to the defendant on August 30, 2009. On March 15, 2009, the plaintiff lent the amount of KRW 30 million on November 30, 2009 to the defendant on June 26, 2009 and lent the amount of KRW 2 million on July 15, 2009.

2. Judgment on the parties' arguments

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 12% per annum from June 28, 2019 to the day following the delivery date of the original copy of the instant payment order.

B. 1) As to whether the Defendant’s assertion was satisfied or not, the Defendant asserted that the loan amount of KRW 30 million was already repaid by the Defendant on March 15, 2009, out of the loan amount of KRW 69 million. 2) However, in light of the respective descriptions of evidence Nos. 6 through 10 (including the serial number), it is insufficient to acknowledge the Defendant’s assertion solely with the descriptions of evidence Nos. 1 through 8, and there is no other evidence to acknowledge it. Thus, the Defendant’s defense cannot be acknowledged.

C. As to the extinction of the claim by the Defendant’s assertion, one Defendant defense that the Plaintiff’s claim for the loan of KRW 69 million against the Defendant was extinguished by the lapse of the five-year extinctive prescription period. As to this, the Plaintiff’s claim of KRW 30 million, which was finalized by the payment order, out of the above KRW 69 million, is ten years in the extinctive prescription period, and the Defendant paid interest on the loan of this case to December 6, 2018 after the expiration of the extinctive prescription period.

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