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(영문) 대전지방법원 2015.06.11 2014가단50439

임차보증금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On September 19, 198, the Plaintiff agreed to pay damages for delay in addition to the rate of 25% per annum where Defendant B did not pay the above contract amount by December 31, 200, the Plaintiff agreed to pay damages for delay in addition to the lease deposit amount of KRW 50,000,000, and the lease term of KRW 59,000 from September 19, 1998 to 3 years from September 19, 1998. At the request of Defendant B, the Plaintiff agreed to pay damages for delay in addition to the lease deposit amount of KRW 59,00,000 from Defendant B, if Defendant B did not pay the above contract amount by the above payment date, and Defendant C jointly and severally guaranteed the obligation of the above contract amount of KRW 25% per annum, barring any special dispute between the parties. Thus, the Defendants are jointly and severally liable to pay damages for delay to the Plaintiff.

2. As to the judgment on the defense, the Defendants asserted that the Plaintiff’s claim on the agreed amount was extinguished by the completion of the statute of limitations, and thus, the fact that the said agreed amount due date was December 31, 2000 is the same as seen above, and the fact that the lawsuit in this case was filed on December 30, 2014, after the lapse of ten years from the lawsuit in this case is apparent in the record, and thus, the Plaintiff’s claim on the agreed amount expired by the statute of limitations.

Therefore, the defendants' defense is justified.

3. It is so decided as per Disposition by the assent of all participating Justices on the bench.