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(영문) 서울중앙지방법원 2019.12.18 2019나15730
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 9, 1997, the former D Bank extended a loan of KRW 20,000,000 to the Defendant on May 9, 1998 due date.

B. After that, the Plaintiff was transferred the above loan claim from the former D bank.

C. On April 8, 2005, the Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 4, purport of the whole pleadings

2. According to the above facts of recognition on the market, the defendant is obligated to pay the principal and interest of the above loan claim and damages for delay to the plaintiff, unless there are special circumstances.

In this regard, the defendant's defense that the above loan claims have expired by the statute of limitations, and thus, the facts that the repayment period of the above loan claims was May 9, 1998, and the facts that the lawsuit in this case was filed on April 8, 2005, which was five years after the lawsuit in this case was filed, are as seen earlier, the above loan claims have expired by the statute of limitations.

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, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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