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1. The defendant shall pay 170,000,000 won to the plaintiff and 20% per annum from July 13, 2013 to the day of complete payment.
Reasons
1. Whether the defendant is obligated to pay the loan
A. The plaintiff's assertion 1) that the plaintiff lent 170 million won to the defendant around January 9, 2004. The defendant asserted that the plaintiff loaned 170 million won to the defendant. In this regard, the defendant paid 170 million won to the defendant with a certain amount of investment made by the plaintiff to establish a joint venture with the defendant, and the defendant paid 170 million won to the defendant. In this process, the defendant argued that the plaintiff prepared the loan certificate (No. 1-1) upon the plaintiff's request that the above loan certificate needs to be issued for the above investment procedure. 2) If the plaintiff presented the purport of the whole arguments in the statement No. 1-2 and No. 1-2 of the judgment No. 1 and No. 2 of the judgment No. 2, the plaintiff's repayment period was set as 170 million won to the defendant on December 31, 2006, and the evidence No. 1-2, No. 31-4 and No. 5-4 of the evidence No.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the above loan of KRW 170 million and its delay damages.
B. The defendant's defense is examined as follows: even if the above amount is a loan, it is a defense that the above loan claim was extinguished five years after the lapse of the commercial prescription period.
Even based on all evidence submitted by the defendant, it is insufficient to recognize that the defendant borrowed the above money from the plaintiff for a business or business as a merchant, and there is no other evidence to acknowledge it.
As alleged by the Defendant, although the Defendant borrowed the above money from the Plaintiff in order to establish the D Limited Liability Corporation, the act of an individual in order to establish the Company was deemed to be an act of a company during its establishment and thus, the act of the individual in order to establish the Company becomes effective in the future.