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(영문) 서울중앙지방법원 2016.08.19 2016나23426
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The facts that the plaintiff lent KRW 20,000,00 to the defendant around 1998 are not disputed between the parties, or are recognized by taking account of the respective descriptions and the whole purport of the arguments in the evidence No. 1, No. 2 (the same as evidence No. 12-1, No. 2), No. 2-1, No. 2-2, A, No. 5, No. 6,9, and No. 111. According to the above facts of recognition, the defendant is liable to pay the plaintiff KRW 20,000,000 and delay damages, unless there are special circumstances.

2. The defendant's defense is a defense that the plaintiff's above loan claims against the defendant had already expired before the lawsuit of this case was filed. Thus, the facts that the plaintiff's loan claims against the defendant of this case occurred in around 1998 are shown as above. The plaintiff's lawsuit of this case was filed on July 24, 2015, which was 20 years after the lawsuit of this case was filed. Thus, the plaintiff's above loan claims against the defendant of this case had already expired before the lawsuit of this case was filed.

As to this, the Plaintiff resisted that the Defendant expressed his/her intent to approve the instant loan obligations to the Plaintiff on August 13, 2015 and September 22, 2015, and thus, the period of extinctive prescription of the instant loan claims against the Defendant was interrupted. However, each of the entries in subparagraphs 1 and 2 (Evidence A No. 12-1 and 2-2) are insufficient to recognize that the Defendant approved the instant loan obligations, as alleged by the Plaintiff, as alleged by the Plaintiff, as the Plaintiff, on August 13, 2015 and September 22, 2015, and there is no other evidence to acknowledge otherwise. Accordingly, the Plaintiff’s re-appeal is without merit, and the Defendant’s aforementioned defense has no merit.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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