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(영문) 서울중앙지방법원 2021.02.16 2020가단5204868
대여금
Text

The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserted that the plaintiff loaned a total of KRW 150 million to the defendant, a female student, around February 2, 2007 and KRW 150 million around October 2008, including KRW 50 million, and that the loan balance is KRW 97 million upon repayment.

The defendant asserts that the plaintiff guaranteed the debt of KRW 100 million lent to the third party (C), but the defendant did not borrow money as the principal debt holder, and that 50 million won did not borrow money from the plaintiff.

Judgment

According to the purport of Gap evidence No. 1 and the legal theory, it can be acknowledged that the defendant, on February 20, 2007, entered a loan certificate with the purport that "the defendant will pay KRW 100 million received from the plaintiff until April 10, 2008," and agreed to assume the obligation to repay the loan to the plaintiff.

Meanwhile, the Defendant borrowed KRW 50 million from the Plaintiff solely on the basis of the statement in Gap evidence No. 3

The fact is insufficient to be recognized, and there is no other evidence to prove the fact.

The Defendant borrowed KRW 50 million.

Even as seen below, the statute of limitations expired as in the debt of KRW 100 million.

must be viewed.

Therefore, barring special circumstances, the Defendant is obligated to repay the loan amount of KRW 100 million to the Plaintiff.

As to this, the defendant's expiration of the statute of limitations

defense.

As seen earlier, the Defendant’s repayment period of KRW 100 million against the Plaintiff was set as of April 10, 2008. As such, the lapse of the ten-year statute of limitation on April 10, 2018, the lapse of the ten-year statute of limitation on April 10, 2018. The fact that the instant lawsuit was filed on July 31, 2020, is apparent in the record.

The defendant's defense is justified.

On December 6, 2010, the Plaintiff, the husband of the Defendant, paid KRW 10 million to the Plaintiff on December 6, 2010, and the statute of limitations was interrupted. On March 20, 2020, the Defendant approved the Defendant’s obligation to repay the borrowed money and renounced the statute of limitations interest while making telephone conversations with E, the husband of the Plaintiff.

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