(영문) 대전지방법원 2020.08.13 2019가단124274

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(영문) 대전지방법원 2020.08.13 2019가단124274

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 24, 2005, the Plaintiff lent KRW 100,000,000 to Defendant C with the due date set on January 24, 2006, and Defendant D and E guaranteed the above obligation against the Plaintiff by Defendant C.

B. In around 2007, the Plaintiff filed an application with the Daejeon District Court for a payment order as the Daejeon District Court 2007 tea3927 against the Defendants. On April 13, 2007, the Daejeon District Court ordered the payment order to the effect that "the Defendants jointly and severally pay to the Plaintiff the amount calculated at the rate of 21% per annum from May 9, 2006 to the date of full payment."

The original copy of the above payment order was served on April 26, 2007 to Defendant C, Defendant D, and E respectively on April 25, 2007. The above payment order was finalized on May 10, 2007 with respect to Defendant C, and on May 11, 2007 with respect to Defendant D and E, respectively.

C. On June 21, 2019, the Plaintiff filed an application against the Defendants for the instant payment order.

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

2. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 90,96,419 and delay damages therefrom, as the Plaintiff seeks.

3. The defendants' defense is a defense that the plaintiff's claim against the defendants was extinguished by the statute of limitations. Thus, since the plaintiff's claim against the defendants against the defendants was finalized by the payment order, the statute of limitations shall be ten years. The statute of limitations shall run again on May 10, 2007 (Defendant C) and on May 11, 2007 (Defendant D and E) with the date when the payment order became final and conclusive. Since the plaintiff's lawsuit of this case was filed on June 21, 2019, the plaintiff's claim against the defendants was already extinguished by the statute of limitations before the lawsuit of this case was filed, the above defense against the defendants is with merit.

4. The plaintiff.

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