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(영문) 인천지방법원 부천지원 2018.11.30 2018가단7780
대여금반환
Text

1. The Defendants jointly and severally against the Plaintiff KRW 65,00,000 and against the Defendant B, from July 7, 2018.

Reasons

1. The Defendants jointly and severally borrowed a total of KRW 65,00,000 from around 2005 to May 20, 2008 from the Plaintiff.

On July 29, 2009, the Plaintiff and the Defendants agreed that the repayment period of the above loan was November 30, 2009.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3, and the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 65,00,000,000 and the amount of delay damages at the rate of 15% per annum from July 7, 2018 to the following day after the delivery of the instant complaint, and from October 18, 2018 to the day of full payment to the Defendant C, and from October 18, 2018 to the day of full payment to the day of full payment.

B. The Defendants asserted that the ten-year statute of limitations has not been expired since the ten-year statute of limitations has expired from May 20, 2008, the last borrowing date, and that the above loan claims have expired. Accordingly, the Plaintiff asserted that the ten-year statute of limitations has not expired since the repayment period of the above loan claims was November 30, 2009.

The fact that the repayment period of the above loan claim was agreed on November 30, 2009 is clearly stated in the record that the lawsuit in this case was filed before the lapse of ten years thereafter. Thus, the defendants' defense is without merit.

3. According to the conclusion, each of the instant claims against the Defendants by the Plaintiff is with merit.

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