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(영문) 수원지방법원 2017.08.09 2016나19630

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of the entire argument in the statement in subparagraph 1-1-3, the plaintiff loaned 1.2 million won to the defendant on August 1, 1995 as the due date set on August 1, 1996, and the due date set on November 30, 1997 as the due date set on January 30, 1998. The plaintiff lent 2.2 million won to C on January 13, 1997. At the time when the plaintiff lent 2.6 million won to C on October 13, 1997 the due date set on October 13, 1997 and lent 2.6 million won to the plaintiff, the defendant was recognized as a joint and several surety, and the plaintiff was paid 6 million won out of the total amount of each of the above loans to the defendant.

B. According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of 4 million won [the total amount of 1.2 million won = (2.6 million won) - 2 million won] and damages for delay.

2. Judgment on the defendant's defense

A. The defendant set up a defense that all the balance of the loan was repaid to the plaintiff, but there is no evidence to acknowledge it, and the above defense is without merit.

B. The defendant raises a defense that each of the above loan claims of the plaintiff became extinct due to the expiration of the extinctive prescription.

However, as seen earlier, the Plaintiff’s repayment period for each of the above loans is August 1, 1996, January 30, 1998, and October 13, 1997, respectively, and the Plaintiff filed the instant lawsuit on January 20, 201 after the ten-year statute of limitations has expired from the respective repayment period. Thus, the Plaintiff’s claim for each of the above loans expired upon the expiration of the statute of limitations.

Therefore, the defendant's defense is justified.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance has different conclusions, and the plaintiff's claim is revoked and dismissed.