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(영문) 서울중앙지방법원 2016.06.14 2015가단5394040

양수금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. As of October 7, 2015, the Defendant is obligated to pay the amount stated in the purport of the claim to the Plaintiff, given that the Plaintiff’s claim for the loan to the Defendant incurred on October 9, 1998 remains in total of KRW 266,324,239, including the principal amount of KRW 97,386,175 as of October 7, 2015 and the principal amount of KRW 168,938,064.

B. All the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant was granted a loan from the Youngdong of the community credit cooperatives, and there is no other evidence to prove otherwise. Rather, according to each of the records in Gap 4, Eul 2-1, and 2, the defendant is recognized as having received a loan from Pyeongtaekcheon Community Credit Cooperatives on October 9, 1998, and thus, the plaintiff's assertion based on the premise that the defendant was granted a loan from the Youngdong of the community credit cooperatives is without merit.

2. The defendant's assertion of extinctive prescription against the plaintiff, even if it is acknowledged that there exists a claim for the above loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed loan-backed

3. The plaintiff's claim is dismissed as it is without merit.