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(영문) 서울중앙지방법원 2015.11.19 2014가단5176474
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the purport of Gap evidence Nos. 2, Gap evidence Nos. 4-1, 2, and Gap evidence Nos. 5, and the whole pleadings, the defendant was granted a loan of KRW 30,00,000 from the Ulsan Livestock Industry Cooperatives on Nov. 16, 1995 until November 16, 1996. The Ulsan Livestock Industry Cooperatives filed a lawsuit claiming a loan against the defendant under the Daegu District Court's Young-gu District Court's Young-gu District Court's Order 99No2787, and on Feb. 10, 200, "the defendant was paid money of KRW 23,807,754 to the Ulsan Livestock Industry Cooperatives and KRW 23,807,754 from September 29, 199 to the date of full payment, and the defendant was assigned a loan of KRW 30,000 to the defendant on Nov. 16, 199; the judgment below became final and conclusive by the defendant on Feb. 10, 196, 1906

2. Determination

A. The Plaintiff asserted that the Defendant claimed payment of the principal amount of the above-paid loan amounting to KRW 48,721,774 (i.e., KRW 17,309,194, ② KRW 31,412,580) and interest thereon, and that the Defendant all of the above-paid loan claim expired by prescription.

B. In light of the foregoing, it is apparent that the statute of limitations has expired due to ① 10 years from the date when the judgment became final and conclusive or ② 5 years from the date when the said statute of limitations has expired, and it is evident that the instant lawsuit was filed after the said statute of limitations has expired.

Therefore, the defendant's assertion of extinctive prescription is justified.

3. The plaintiff's claim for conclusion is dismissed for lack of reasonable grounds.

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