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(영문) 수원지방법원 2016.12.16 2016나56691
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. The decision on the cause of the claim was made on December 13, 1993 by the Plaintiff and lent KRW 10,00,000 to the Defendant on January 27, 1994 (hereinafter “the loan of this case”). In order to secure the above obligation, the Defendant may recognize the fact that a notary public prepared and delivered a promissory note No. 10,000 won for the issuer, the payee, the Plaintiff, and the face value of KRW 10,00,000 on the same day under the certificate No. 7382 of the 1993, a notary public of the same day, and the due date under the certificate No. 7382 of the 193, a notary public, as of January 27, 1994 (hereinafter “instant promissory note No. notarial deed”) as of January 27, 1994, or there is no dispute

Therefore, barring special circumstances, the defendant is obligated to pay the plaintiff KRW 10,000,000 and damages for delay.

2. The defendant's defense asserts that all of the loan claims of this case and promissory note claims of this case were extinguished by prescription after the lapse of the statute of limitations.

On the other hand, the period of extinctive prescription of a claim on a bill is three years from the maturity date (Article 70(1) of the Bills of Exchange and Promissory Notes Act), and the period of extinctive prescription of a loan claim is ten years from the maturity date. As seen earlier, the fact that the maturity date of the loan claim in this case and the date of payment of a promissory note claim in this case was January 27, 1994 is the same, and the Plaintiff’s lawsuit in this case was filed on December 1, 2015, which was ten years after the lapse of the aforesaid period. Accordingly, the Plaintiff’s respective above claim in this case expired.

Therefore, the defendant's defense is justified.

3. The plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions. Thus, the defendant's appeal is accepted and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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