(영문) 대구지방법원 2015.06.12 2014나304342

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(영문) 대구지방법원 2015.06.12 2014나304342

대여금

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1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 50,000,000 and its payment from March 21, 2014.

Reasons

1. According to the purport of Gap evidence No. 1-3 and evidence No. 1-2 and Gap evidence No. 2 as to the cause of the claim, the plaintiff lent 20 million won to the defendant on September 6, 1990, and 10 million won on June 30, 1991, respectively. The defendant lent 668 square meters to the defendant on October 24, 1991, in order to secure the above loan under the defendant's name of his wife C (hereinafter "the forest of this case"). The plaintiff set up a right to collateral security at 668 square meters of Da-si, Busan (hereinafter "the forest of this case"). The plaintiff extended 50 million won to the defendant several times thereafter, and the defendant borrowed 80 million won to the plaintiff on February 1, 199.

“The fact that: (a) prepared a loan certificate; (b) around 2014, Orion Co., Ltd., which purchased the forest of this case from Orion, repaid to the Plaintiff KRW 30 million; and (c) cancelled the registration of the establishment of the said forest of this case under the Plaintiff’s name; and (d) the Defendant received only the remainder after deducting KRW 30 million from Orionion Co., Ltd. the purchase price of the forest of this case.

According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 50 million (i.e., KRW 80 million - KRW 30 million) and the amount calculated at the rate of 20% per annum from March 21, 2014 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

2. The defendant's assertion is defense that the plaintiff's above loan claim expired by prescription.

The above loan claims can have been exercised from February 1, 1999, on which the amount of the loan was determined at the latest, and the certificate of loan was prepared. It is evident that the lawsuit in this case was filed on February 24, 2014 after the lapse of 10 years from the time of the lawsuit.

The plaintiff asserts that the defendant renounced the statute of limitations interest.

Witness

According to the purport of E's testimony and oral argument, the defendant was first patroler of August 2013.

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