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(영문) 광주지방법원 2020.08.19 2020가단517801
대여금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

The plaintiffs filed a claim against the defendant for a loan with the Gwangju District Court Decision 2009Gadan49778, and this Court rendered a judgment on November 4, 2009 that "the defendant shall pay the plaintiffs 80 million won and 1.5% per annum from May 8, 2001 to September 11, 2009, and 20% per annum from the next day to the date of full payment" (hereinafter "the claim of this case"). The above judgment is final and conclusive on November 25, 2009, as there is no dispute between the parties, and the defendant shall be liable to pay the above judgment amount, barring any special circumstances.

However, since the defendant's defense that the claim of this case was extinguished by the statute of limitations, the above claim of this case is subject to the ten-year statute of limitations, and it is apparent in the record that the claim of this case was filed on April 20, 2020 after the ten-year statute of limitations has passed since the above claim of this case was extinguished by the statute of limitations.

Therefore, the defendant's defense is justified.

Thus, the plaintiffs' claim is dismissed as it is without merit.

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