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(영문) 대구지방법원 2016.05.31 2016가단10282
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserted that he lent KRW 50 million to the defendant on March 18, 1995, and sought payment of KRW 37,400,000,000,000 for the loan, excluding the amount of partial repayment, the plaintiff asserted that the above loan claim has expired by prescription.

In full view of the purport of the argument in Gap evidence No. 1, the plaintiff filed a lawsuit against the defendant in relation to the above loan by the Daegu District Court Branch of 2005dan51096, which became final and conclusive on November 5, 2005. The plaintiff's lawsuit in this case was filed on January 20, 2016, 10 years after the above judgment became final and conclusive. Thus, since it is apparent in the record that the plaintiff's lawsuit in this case was filed on January 20, 2016, the above loan claim had already expired before the lawsuit in this case was filed.

Therefore, the defendant's defense is justified.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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