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Reasons
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(영문) 서울북부지방법원 2017.04.28 2015나36318
대여금
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1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part added by this court) is dismissed.

3. Action.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) deleted the part below 2, 2, 2, 2, 17, 4, 17, 2, 2, 2, 2, 2, 2, 3, 4, 4, 2, 4, 2, 4, 4, and 2, 4, 4, 2, 2, 4, 4, 4, 4, 2, 2, 3, 4,

2. Additional determination

A. The part added to the Plaintiff’s assertion is as follows: (a) on August 30, 2005, the Plaintiff lent 12% interest rate of KRW 50 million to the Defendant without due date; (b) on April 28, 2008, the Defendant paid interest to the Plaintiff by April 28, 2008, and did not fully repay the principal and interest.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 29, 2008 to November 30, 2013, plus interest at the rate of 12% per annum from April 29, 2008 to November 30, 2013 (=50,000,000 won and KRW 33,567,123).

B. 1) The Defendant asserts that the instant loan claim was extinguished by the statute of limitations since the instant lawsuit was filed after the expiration of the statute of limitations. The Defendant asserted that the instant loan claim was extinguished by the statute of limitations.

B. A claim arising from an act that has become a commercial activity against both or one of the parties constitutes a commercial claim to which the period of extinctive prescription of five years under Article 64 of the Commercial Act applies, and such commercial activity includes not only the basic commercial activity falling under any subparagraph of Article 46 of the Commercial Act but also ancillary commercial activity performed by merchants for business purposes

Article 47 (1) of the Commercial Act provides that "the act performed by a merchant for business purposes shall be deemed a commercial activity," and Article 47 (2) of the same Act provides that "the act of a merchant shall be deemed

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