logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.02.10 2016가단81945
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Although there is no dispute between the parties to the judgment as to the cause of the claim or comprehensively taking account of the overall purport of the pleadings in the statement No. 1 as to the statement No. 25,000,000 won to the defendant around December 27, 2002, the plaintiff is obligated to pay the plaintiff a loan of KRW 25,000,000 and delay damages, barring any special circumstance.

(2) On December 2, 200, the Defendant’s defense that the above loan credit expired by the ten-year statute of limitations. Thus, it constitutes a claim with no evidence to deem otherwise that the Plaintiff’s above loan credit was due and due, and thus, it constitutes a claim with no deadline fixed. Therefore, the statute of limitations on the above loan credit proceeds from December 27, 2002. It is apparent that the Plaintiff’s lawsuit in this case was filed only on July 13, 2016, where it was obvious that the ten-year statute of limitations has lapsed from the lawsuit in this case.

Therefore, since the above loan claim of the plaintiff was extinguished by prescription, the defendant's defense pointing this out has merit.

3. On April 2016, the day after the expiration of the extinctive prescription period, the Plaintiff urged the Defendant to repay the above loan, and accordingly, the Plaintiff asserted that the Defendant renounced the extinctive prescription period interest by accepting the obligation, such as paying interest of KRW 200,000 each month from around that time to September 1, 2016, by promising the Defendant to repay the loan around May 1, 2016.

The waiver of the statute of limitations benefits requires an expression of intent to avoid receiving legal benefits due to the completion of the statute of limitations. Determination of whether there exists an expression of intent to waive the statute of limitations benefits is a rule of logic and experience to accord with the ideology of social justice and equity by comprehensively examining the substance, motive and background of the act indicated or the expression of intent, the purpose and genuine intent of the parties to achieve by the expression of intent, etc.

arrow