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(영문) 서울동부지방법원 2015.06.03 2014가합10241

대여금

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. The plaintiff asserted that the defendant B lent KRW 510 million to the defendant B as of August 30, 2007 due date for payment and the defendant C, D, and E jointly and severally guaranteed the above obligation between the time limit for payment and the time limit for payment of KRW 510 million from August 30, 2007. However, the defendants asserted that even if the loan claim is recognized, the period of the commercial statute expires even if the loan claim is recognized.

The Plaintiff’s claim is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it otherwise. Moreover, even according to the Plaintiff’s claim, since the Plaintiff’s claim constitutes a commercial claim for the Plaintiff’s loan to Defendant B with its main interior and operating funds, it is evident in the record that the instant lawsuit was filed five years after the lapse of the commercial extinctive prescription period from August 30, 2007, which is the due date for payment of the Plaintiff’s claim, the Plaintiff’s claim for the loan expired after the lapse of the extinctive prescription period, and the Defendant C, D, and E’s joint and several liability obligations have expired depending on the subsidiary nature. Therefore, the Plaintiff’s claim is without merit.

2. In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.