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(영문) 대구지방법원 2019.05.17 2018가단125409
대여금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Chief;

A. The plaintiffs' assertion 1) The non-party deceased E (hereinafter "the deceased").

(2) On March 13, 2017, the deceased died, and the Plaintiffs are the inheritors of the deceased. (2) On October 14, 2008, the deceased lent money of KRW 100,000 to the Defendant on October 14, 2008, but the Defendant did not pay the said money to the deceased.

3. Accordingly, the Plaintiffs, as the inheritors of the Deceased, seek the payment of the amount stated in the claim to the Defendant calculated in proportion to the inheritance shares against the above KRW 100,000,000.

B. Since the Defendant’s claim for the above loans against the Defendant against the Defendant was a commercial claim, the claim was extinguished upon the lapse of the five-year commercial prescription period.

2. According to the evidence No. 1 on the board, the Defendant may recognize the fact that the Defendant borrowed the above KRW 100,000 from the Deceased.

However, according to the purport of Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings, the deceased may be acknowledged as having lent KRW 100,00,000 to the defendant and non-party G, who operated a wholesale retail business, such as rice and miscellaneous grains, in the name of father non-party F at the time of October 14, 208, upon receiving a request from the non-party G to lend business funds for the above wholesale retail business.

Therefore, the Defendant’s borrowing of the above KRW 100,00,000 from the Deceased constitutes an auxiliary act and thus is subject to the commercial statute of limitations, and it is evident that the five-year period has elapsed since the Deceased was able to exercise the above loan claim.

3. If so, the deceased's above loan claims were extinguished by the expiration of the extinctive prescription period, and thus the plaintiffs' claims are dismissed. It is so decided as per Disposition.

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