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(영문) 서울고등법원 2020.12.10 2020나2026988

대여금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Reasons

1. The defendant's assertion in the court of first instance, which cited the judgment, is not significantly different from the argument in the court of first instance, and there is no new evidence to support such argument.

The reasoning for the explanation of the cause of the claim is as stated in the reasoning of the judgment of the court of first instance, except for the addition of judgment as stated in the following paragraph (2). Thus, it is cited in accordance with the main sentence of Article 420 of

2. Addition of judgment

A. The defendant asserts that the plaintiffs did not demand the return of the loan even though they knew that the golf practice range, which is the plaintiffs, has been disposed of as the loan, is against the principle of good faith.

B. However, solely on the grounds asserted by the Defendant, the instant lawsuit cannot be deemed contrary to the good faith principle, and there is no circumstance or evidence to acknowledge the violation of the good faith principle.

[Dissenting the Defendant’s assertion as the assertion of extinctive prescription, and even if the Plaintiffs’ loans are commercial claims, the instant lawsuit is final on the date of the Plaintiffs’ loans (as for Plaintiff A, May 29, 2017; as for Plaintiff B, July 25, 2014; as for Plaintiff C, November 30, 2016.

(C) On June 1, 2019, a period of five years or less, was filed on June 7, 2019. The Defendant recognized the existence of an obligation through a preparatory document on November 22, 2019, and only partially repaid the obligation before the expiration of the statute of limitations.

The defendant's argument is without merit.

3. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.