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1. The Defendant’s KRW 32,00,000 and the Plaintiff’s annual rate of KRW 5% from November 1, 2007 to December 8, 2017.
Reasons
1. Facts of recognition;
A. On April 3, 2007, the Plaintiff lent KRW 20,000,00 to the Defendant, who is a seed.
B. Around that time, the Defendant borrowed KRW 20,000,000 from C (D) and did not repay the money. The Defendant complained against the Plaintiff, who did not pay the said money, and there was a defect that it would be urgent for C, and the Plaintiff provided C with a loan of KRW 20,000,000 to C.
C. Around April 2007, the Defendant promised to complete the Plaintiff with a total of KRW 40,000,000 borrowed from the Plaintiff and KRW 20,000,000 borrowed from C, and the Plaintiff up to October 31, 2007.
The Defendant repaid to the Plaintiff the sum of KRW 8,000,000 from April 6, 2007 to March 13, 2008.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including partial number), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the principal amounting to KRW 32,00,000 and the principal amount at the rate of 5% per annum as prescribed by the Civil Act from November 1, 2007 to December 8, 2017, which is the day following the due date for payment, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
3. The Defendant asserts that the foregoing loan claim had expired by the statute of limitations, since the Defendant’s defense of the statute of limitations and the Plaintiff’s re-claimed the interruption of prescription, the date when the Plaintiff filed the lawsuit in this case against October 31, 2007 can be deemed to have expired by the statute of limitations as of November 29, 2017.
However, as seen earlier, the Defendant approved the obligation by paying the principal to the Plaintiff on March 13, 2008. As such, the extinctive prescription of this claim shall resume from March 13, 2008.
Therefore, since the plaintiff filed the lawsuit of this case before the lapse of ten years from then, the above claim is not completed.