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(영문) 서울중앙지방법원 2019.09.20 2019가단5084273
대여금
Text

1. The Defendant’s KRW 467,267,848 and KRW 161,951,144 among the Plaintiff’s KRW 7.5% per annum from March 5, 2019 to March 18, 2019.

Reasons

1. The Defendant, on March 19, 2003, concluded each loan agreement with the Plaintiff, with a loans of KRW 200 million, the loan period until March 19, 2006 (up to March 19, 2008), the interest rate of delayed interest rate of KRW 7.93% per annum, the loan amount of KRW 20 million on March 20, 2006, the loan period of KRW 20 million until March 20, 2011, and the delayed interest rate of KRW 8.03% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 6 (including virtual number), the purport of the whole pleadings

2. According to the determination as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff a total of KRW 467,267,848 as of March 4, 2019 (the principal amount of KRW 161,951,951,144 as of March 19, 2003, interest KRW 269,037,967 as of March 19, 2006, principal amount of KRW 13,578,337 as of March 20, 206, interest KRW 22,70,40 as of March 19, 203, interest KRW 161,951,144 as of March 5, 2019, interest KRW 79,144 as of March 18, 2019 per annum, interest rate of KRW 305% as of March 18, 2019, interest rate of KRW 37.385% per annum.

(1) The court below's decision on the defendant's defense against the defendant is justified and remanded to the purport that the statute of limitations has not expired since the plaintiff's claim for damages for delay had been extended to 10 years as of March 4, 2019. The court below's decision on the defendant's claim for damages for delay had expired since March 5, 2019. The plaintiff's claim for damages for delay had been extended to 10 years as of March 4, 2019.

Pursuant to Article 165(1) and (2) of the Civil Act, claims established by a judgment shall also constitute a short-term extinctive prescription.

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