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(영문) 인천지방법원 2014.12.23 2014가단46517
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from June 12, 2014 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings in the statement No. 1-1 and No. 2 of the evidence No. 1-2 of the facts of recognition, it is recognized that the plaintiff lent to the defendant the total amount of KRW 30,000,000 on May 24, 2004, and KRW 10,000 on March 13, 2006 to the defendant as of March 20, 2006.

2. According to the above facts finding as to the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 30,000,000,000 and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 12, 2014 to the day of full payment.

3. Judgment on the defendant's assertion

A. The defendant claimed that he had a claim of KRW 40,00,000 to C in its original form, but he paid KRW 30,000,000 to the plaintiff in lieu of the plaintiff, but there is no evidence to acknowledge this.

B. In addition, the defendant defenses that the statute of limitations expired on May 24, 2004 of the instant claim amounting to KRW 20,000,000 among the instant claims. Thus, in the instant case where there is no evidence to acknowledge the period of payment of KRW 20,000,000 as alleged by the plaintiff, it is reasonable to calculate the statute of limitations from the date of occurrence of the non-fixed claim.

The plaintiff's lawsuit of this case is obvious in the record that the plaintiff's lawsuit of this case was filed on May 13, 2014, before ten years have passed since the above 20,000,000 won was lent ( May 24, 2004). Thus, the defendant's defense is without merit.

C. Lastly, the defendant asserted that he is currently going against the bankruptcy procedure, but the defendant was subject to the suspension or prohibition order under the bankruptcy procedure until the date of the closing of the argument in this case.

Since there is no evidence to prove that a bankruptcy or exemption decision was made, the defendant applied for bankruptcy or exemption from liability as of October 1, 2014 by the Incheon District Court No. 2014Hadan4911, 2014da4902, the defendant fulfilled only the correction in accordance with the prepayment order until the date of closing the argument in this case.

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