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(영문) 서울동부지방법원 2017.12.01 2016가단145908

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion on behalf of the defendants around March 1999 that the plaintiff paid 25 million won to D with interest of KRW 100,000 per month from the defendants.

Since the Defendants did not pay the above interest from September 1, 2005, the Defendants are jointly and severally liable to pay to the Plaintiff the interest and delay damages calculated at the rate of KRW 25 million per month from September 1, 2005 to the date of full payment.

2. There is no evidence to acknowledge the Plaintiff’s above assertion, and even if the Plaintiff’s assertion is acknowledged, the Plaintiff’s claim for reimbursement against the Defendants was extinguished by the statute of limitations since the lapse of 10 years from August 2005, the period of civil prescription, which was the period of the Defendants’ last payment of interest, is apparent in fact.

The defendants' assertion pointing this out is with merit, and the plaintiff's above assertion is without merit.