(영문) 서울남부지방법원 2014.12.31 2014가단13536

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(영문) 서울남부지방법원 2014.12.31 2014가단13536

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts of recognition have been recognized since around 1997, the Defendant used money from the Plaintiff’s spouse C with a promise to repay the above borrowed money, and thereafter, from July 200 to the meaning of promising the repayment of the borrowed money, the Defendant issued promissory notes on several occasions to the Plaintiff or C, written a cash receipt (payment certificate) and a payment note on October 30, 2001, and written a notarial deed of a money loan agreement (hereinafter “notarial deed”) with the content that “it is 68 million won from the Plaintiff and will make installment payments in five hundred thousand won from November 2001 to February 2013, 201, a notary public drafted as a notarial deed of a money loan agreement with the effect that “it is 50,000 won from the end of each month from November 2001 to February 201.”

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 7, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the loan amount of KRW 68 million to the plaintiff according to the notarial deed of this case, except in extenuating circumstances.

3. As to the defendant's assertion, the defendant asserts that the debt under the notarial deed of this case was extinguished by the completion of extinctive prescription.

A special contract for the loss of the benefit of time may be divided into two parts: (a) a special contract for the loss of the benefit of time under a condition precedent, which naturally causes the loss of the benefit of time and the arrival of the due date, and (b) a special contract for the loss of the benefit of time under a condition precedent, which provides that the due date shall arrive only when the obligee acts, such as the obligee's notice or claim, after a certain cause occurs; and (c) a special contract for the loss of the benefit of time falls under any one of the two, is a matter of the interpretation of the intent of the parties, but in general, a special contract for the loss of the benefit of time is for the obligee, unless there is any special circumstance to deem

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