대여금
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Basic facts
A. On March 1996, the Plaintiff lent USD 37,00 to the Defendant.
B. From April 1996 to November 1, 1998, the Defendant issued and delivered a statement of accounts (No. 7; hereinafter “instant statement of accounts”) stating the following: (a) the Plaintiff paid the sum of USD 14,000 to the Plaintiff several times; (b) the Plaintiff paid the sum of USD 14,000 to the Plaintiff around 200; and (c) the Plaintiff paid the sum of USD 14,000 to the Plaintiff; and (d) the bank repayment statement sent KRW 8,697,377 to the Republic of Korea; and (b) the interest statement.
[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 7, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts established prior to the determination of the cause of the claim, the Defendant is obligated to pay USD 23,000 to the Plaintiff (=$ 37,000 Singapore - USD 14,000). The Plaintiff constitutes KRW 19,04,00 based on exchange rate of USD 23,00 from the Defendant until the date of closing argument of the instant case.
Since the defendant is a person who has received the remainder of 4,153,640 won with the exception of 4,153,640 won, the defendant is obligated to pay to the plaintiff 4,153,640 won and damages for delay.
B. The Defendant’s defense of performance 1) The Defendant asserted that he paid all the money borrowed from the Plaintiff around 200, including the above KRW 4,153,640,00. However, it is not sufficient to acknowledge the above assertion solely on the evidence No. 7, and there is no other evidence to acknowledge it. Therefore, the Defendant’s defense of the extinctive prescription has not been accepted. 2) The Defendant’s defense of the extinctive prescription was about 15 years since the beginning of 2000, the last date of payment, and thus, the remainder of the Plaintiff’s credit has expired.
According to the whole purport of facts, Eul evidence No. 7 and arguments, the defendant shall prepare and deliver the written settlement of this case to the plaintiff around 2000, and the remainder of the plaintiff.