logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2019.05.29 2018가단226182
대여금
Text

1. The defendant shall pay to the plaintiff KRW 140 million with 15% per annum from May 11, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On June 27, 2003, the Plaintiff lent KRW 100 million to the Defendant. Accordingly, on the same day, the Defendant issued a loan certificate to the Plaintiff, and to pay KRW 100 million to the Plaintiff until June 27, 2004, and to pay interest KRW 50 million until December 27, 2004.

B. The Defendant repaid to the Plaintiff KRW 10 million on December 30, 2004, and paid KRW 2.8 million on or before January 27, 2005 to January 27, 2006 (13 times).

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above basic facts and the purport of Gap evidence No. 3 as to the cause of the claim, the plaintiff and the defendant agreed to pay the principal of the existing loan around December 30, 2004, including the accrued interest, at KRW 140 million, and interest at KRW 2% per month (hereinafter "the agreement of this case").

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 140 million per annum, calculated by the rate of 15% per annum from May 11, 2018 to the date of full payment after the copy of the instant complaint was served on the Defendant, as requested by the Plaintiff.

3. Determination as to the completion of extinctive prescription of the claim under the contract of this case

A. (1) The Defendant’s assertion and judgment (1) The Defendant’s claim for the instant agreed amount as to the summary of the Defendant’s assertion was completed on January 27, 2016, which was 10 years after January 27, 2006, when the Defendant paid the interest under the instant agreement, and thereby completing monetary transactions with the Plaintiff.

(2) According to the purport of the entire pleadings, it appears that the Plaintiff and the Defendant did not set the period of reimbursement at the time when they agreed on the instant agreement. Ultimately, the instant lawsuit is brought after the lapse of 10 years from January 27, 2006, which recognized the obligation of the instant agreement, by paying interest.

arrow