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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The Plaintiff lent money to Defendant B three times as follows.
First, Sep. 1, 2003 and Sep. 23, 2003 lent KRW 15 million in total, including KRW 5 million on September 23, 2003.
(hereinafter referred to as “the first loan”). There was no interest agreement. At the last time, Defendant C, the children of Defendant B, prepared a loan certificate with Defendant B and delivered it to the Plaintiff with a joint and several guarantee meaning. The said loan certificate is written as “the due date for repayment on December 31, 2007”.
Second, the sum of the KRW 5 million on September 9, 2005, KRW 10 million on September 12, 2005, KRW 10 million on September 14, 2005, and KRW 25 million on September 14, 2005 was lent.
(hereinafter referred to as “second loan”) The loan certificate dated September 12, 2005 is clearly written as “25 million won”, “one month from interest, and December 31, 2006.”
Defendant C also made a joint signature with Defendant B to the meaning of joint and several liability, and Defendant D promised to guarantee the payment of the above obligation.
Third, April 29, 2006 lent KRW 20 million.
The said money was used as part of the lease deposit amount of Defendant B’s private teaching institute (Seongsung-gu E, and lessorF) operated by Defendant B.
At the time, the plaintiff was prepared and delivered a lease contract in which the plaintiff was the lessee to secure the above loan.
Then, on September 5, 2007, the Plaintiff was refunded KRW 24 million after deducting the overdue rent from the lessor F, etc. from the lease deposit.
Accordingly, the plaintiff is also the plaintiff that all loans have been settled on April 29, 2006.
In addition, from October 12, 2005 to April 27, 2007, Defendant B sent money from KRW 250,000 to KRW 340,00,00 or more of KRW 1,000 to several occasions.
The above facts are not significantly disputed between the parties.
Then, according to the defendants' arguments, the period of extinctive prescription has expired since each of the first and second loans was a commercial bond.
The plaintiff filed a criminal complaint against the defendant B, who did not pay the first loan, or who was guilty of fraud.