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(영문) 대전지방법원천안지원 2015.04.21 2015재머15

대여금

Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the respondent.

Reasons

1. Basic facts

A. The Claimant, around April 29, 1992, lent KRW 6 million to the Respondent and issued a promissory note with a face value of KRW 6 million at sight and payment due (hereinafter “instant promissory note”) from the Respondent.

B. Around November 6, 2014, the applicant filed an application with the respondent for a payment order against the respondent to pay KRW 6 million and damages for delay (Seoul Central District Court Decision 2014Guj5957). The respondent filed an objection against the payment order on the ground that the period of extinctive prescription of the Promissory Notes has expired.

C. Accordingly, an applicant filed for mediation around December 18, 2014, and this case was referred to the conciliation.

On March 24, 2005, the Respondent asserted that the extinctive prescription was suspended because the Respondent did not have received reimbursement from the Respondent, and that the Respondent written a written statement of payment for the above debt (hereinafter referred to as the "written statement of payment in this case"), and that the Respondent did not prepare a written statement of payment around March 24, 2005.

On February 12, 2015, this Court confirmed the original of the Promissory Notes in this case, which the applicant and the respondent present and possessed on the date of mediation held on February 12, 2015, and the copy of the payment note in this case. “The respondent shall pay 500,000 won to the applicant as the applicant’s account (agricultural Cooperatives) and shall pay 100,000 won to the applicant in installments on five occasions as of the end of each month from March 31, 2015 to July 31, 2015. If the respondent delays the payment in installments on one occasion, the respondent shall lose the due interest and immediately pay the unpaid amount to the applicant, and shall pay damages for delay in addition to 20% per annum from the day following the date of loss of the due interest to the day of full payment.

2. The applicant shall waive the remainder of the claims.

3. The costs of lawsuit and the conciliation costs shall be.