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(영문) 청주지방법원 2016.09.07 2016가단104500

대여금

Text

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. (i) On August 5, 1998, the Plaintiff loaned 18% interest rate of KRW 16,000,000 to the Defendant on a yearly basis, and respectively lent 50,000,000 on August 11, 1998.

The plaintiff filed an application for loan payment order against the defendant as the Cheongju District Court 2002 tea2791, and the defendant was decided to pay 50,000,000 won to the plaintiff from August 1, 1999 to the service date of the original copy of the payment order of this case, 5% per annum from the next day to the service date of the original copy of the payment order of this case, 16,00,000 won per annum, 18% per annum from August 6, 1998 to the service date of the original copy of the payment order of this case, and 25% per annum from the next day to the day of complete payment.

The above decision of payment order was served on the defendant on May 27, 2002, and was finalized on June 11, 2002.

Article 303,91,231 won (i.e., principal amount of KRW 66,00,000, interest on delay amount of KRW 237,91,231). Meanwhile, the Plaintiff received dividends of KRW 2,646,854 on May 7, 2004 in the distribution procedure of the Cheongju District Court C.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence 1 through 6 (including branch numbers in the case of additional number), the whole purport of the pleading

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff a total of KRW 301,344,377 (=303,91,231 - 2,646,854) and damages for delay of KRW 6,00,00 among them.

2. As seen earlier, the facts that the payment order following the Plaintiff’s application for a loan payment order was finalized on June 11, 2002 by the Cheongju District Court 2002Da2791 against the Defendant by the Cheongju District Court 2002Da2791 regarding the Plaintiff’s assertion of the parties are apparent in the record that the instant lawsuit was filed on March 17, 2016 after the lapse of 10 years from the filing. As such, the Plaintiff’s claim against the Defendant was extinguished by the expiration of

The defendant's defense is justified.