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(영문) 대구지방법원 2017.05.16 2017가단104818
대여금
Text

1. The defendant shall pay KRW 83,114,602 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

According to Gap evidence Nos. 1 through 5, there is no dispute between the parties or according to the loan transaction agreement between B on October 18, 2007, the plaintiff acquired the above loan obligation on October 18, 2010, and the interest rate of 383,000,000 won with general loans on October 18, 2010, and the change interest rate and delay interest rate under Article 3 (2) 2 of the loan transaction basic terms and conditions shall apply Article 3 (5) of the loan transaction basic terms and conditions to determine the highest rate of 21% per annum (18% per annum per annum from November 16, 2015 according to the highest interest rate rate on mutual financial loans with each other special loan special loan claims) and the defendant shall accept the above loan obligation from Daegu District Court on August 14, 2008, and the plaintiff shall bear the obligation to pay the principal of the loan to the plaintiff as part of the auction procedure for real estate held on February 8, 2012.

Meanwhile, the Defendant asserted that the statute of limitations has expired on October 18, 2015, when five years have elapsed from October 18, 2010, as a commercial claim (the Defendant’s claim for the instant loan has no data to regard the Plaintiff as the Plaintiff’s partner) under the Commercial Act. However, as seen earlier, since the Plaintiff received dividends following a request for auction made to the Daegu District Court C on February 8, 2012, the statute of limitations has run anew from February 8, 2012, where the cause for interruption has ceased to exist, and it is apparent that the Plaintiff filed an application for the instant payment order on January 19, 2017.

Therefore, the defendant's above statute of limitations defense cannot be accepted.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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