logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.11.26 2015가합103471
양수금
Text

1. The defendant shall pay to the plaintiff KRW 916,671,540 as well as KRW 297,963,00 among them, from March 14, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of the claim Gap (a loan agreement, the defendant's seal on the above document clearly does not dispute that the defendant's seal is affixed with the defendant's seal, and thus the authenticity of the whole document is presumed to be established. Although the defendant asserts that the above document was forged, there is no evidence to acknowledge it, according to the above loan agreement as stated in Gap's evidence Nos. 4 and 5, it can be recognized that the above loan agreement is accompanied by the defendant's identification card and a certificate of the defendant's seal issued at that time) and the statement Nos. 2 and 3, and the purport of the whole pleadings as a whole, the defendant lent KRW 30 million to the defendant on July 29, 200 (hereinafter "loan of this case"), the plaintiff's principal and interest on the loan of this case to the defendant 30 million won on July 21, 2014, the defendant's obligation to deliver the above loan of this case to the defendant 40 billion won and interest on the loan of this case to the defendant 160, 70.7.4 billion won and 97.4.6.

2. The defendant's defense against the defendant is a defense that the five-year extinctive prescription of the loans of this case is completed because the loans of this case fall under commercial claims.

According to the statement in Gap evidence No. 10, the defendant filed a lawsuit against the defendant on April 10, 2006 to claim the payment of the loan of this case and the defendant's 297,963,000 won to the Saemaul Bank of North Korea on April 10, 2007 and the 19.8% per annum from November 25, 2003 to February 8, 2007 and 20% per annum from February 9, 2007 to the day of full payment.

arrow