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(영문) 부산지방법원 2016.03.31 2014가단80545

대여금 등

Text

1. The Defendant’s KRW 10,000,000 and its amount are 20% per annum from May 19, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. On July 10, 200, the Plaintiff shall be paid KRW 10,00,000,000 organized by the Defendant, and KRW 50,00,00,00 per share per month, and KRW 500,00 per share per share, and KRW 21,000 per share, each month following the Plaintiff’s subscription to the number fraternity of KRW 21,00,00,00 per share, which was determined as to the cause of the claim. The fact that the Plaintiff did not receive it is not in dispute between the parties, or that the Plaintiff did not receive it in full view of the purport of the entire pleadings as set forth in the evidence No. 2 and 4 above.

According to the above facts of recognition, the defendant is obligated to pay the above amount of KRW 10,000,000 and damages for delay to the plaintiff, unless there are special circumstances.

2. The defendant's defense is a defense that the above credit was extinguished by the statute of limitations. Thus, it is clear that the above credit was due on April 20, 2003. The plaintiff's lawsuit of this case was filed on October 15, 2014, which was ten years after the above credit was due.

However, the defendant promised to pay KRW 100,000 per month to the plaintiff several times on or around December 2007, which was before the expiration of the extinctive prescription period, and then remitted KRW 100,000 to the plaintiff in the name of C on January 7, 2008 (see the defendant's reply as of May 13, 2015), which constitutes an acceptance of debt, and therefore, the extinctive prescription period has been interrupted. Accordingly, the defendant's defense of extinctive prescription is without merit.

3. In conclusion, the Defendant was wholly amended by Presidential Decree No. 26553, Sept. 25, 2015 to the effect that: (a) from May 19, 2015 to September 30, 2015, the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff as the due date for payment; (b) Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings; (c) Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings; and (d) Article 3(1) of the former Act on Special Cases Concerning Legal Proceedings, Etc. (amended by Presidential Decree No. 26553, Sep. 25, 20