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Reasons
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(영문) 춘천지방법원 2019.05.23 2018가단58611
대여금
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1. The defendant is based on the ratio of 60,000,000 won to the plaintiff and 24% per annum from October 1, 2008 to the full payment.

Reasons

1. Basic facts

A. On February 22, 2008, the Plaintiff, who is engaged in the sales or lease of used cars, was aware of the Defendant’s visit for the purchase of cars, and was appointed as the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”) who is engaged in entertainment and management business on February 22, 2008, and complained of financial difficulties.

4. 1. The period of reimbursement shall be 60 million won in total by means of remitting KRW 50 million to the Defendant and paying KRW 10 million in cash at that end;

6. 4. The loan was made on 4.

B. The Defendant paid the vehicle rent in the form of a lease fee, and transferred DWz S350 cars leased from the Plaintiff to E as other creditors. On September 23, 2008, the Plaintiff paid 330 million won to E and found the said cars.

C. On September 30, 2008, the Defendant borrowed a total of KRW 100 million, including the above loan amount of KRW 60 million and the subrogated payment amount of KRW 33 million to E, and damages of KRW 7 million, at 2% per interest month, and made up a notary public’s F Office No. 1649 (hereinafter “notarial deed of this case”) on May 30, 2009 and delivered it to the Plaintiff.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts, unless there are special circumstances, the defendant is liable to pay the KRW 100 million stated as the borrowed money on the notarial deed of this case and damages for delay at the rate of 24% per annum from October 1, 2008 to the date of full payment under the agreement.

In regard to this, the defendant asserts that the period of extinctive prescription is more than 5 years, since the period of the lawsuit in this case has already expired at the time of the lawsuit in this case, it is not responsible for paying the above money.

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