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(영문) 광주지방법원 2019.05.22 2018나5726
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination, even if the Plaintiff urged the Defendant to repay the debt before the expiration of the extinctive prescription period, this is only recognized as a “Peremptory” which is the cause interrupting the extinctive prescription. As such, insofar as the Plaintiff did not file a judicial claim within six months therefrom or continue the procedure under Article 174 of the Civil Act, such as seizure or provisional seizure, the interruption of the extinctive prescription shall be deemed null and void.

3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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