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(영문) 부산지방법원 2020.05.29 2019가단323490
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff remitted to Defendant B the KRW 10 million on December 7, 2009 and KRW 30 million on December 28 of the same year.

On January 6, 2010, 100 J company B 250,00 on January 28, 2010, B 750,00 on February 10, 2010, J company 250,00 on March 10, 200 on March 3, 2010, J company 250,005 on March 3, 200 on March 8, 2010, J company 250,000 on June 250, 200 on June 10, 200, J company B 1,750,007 on July 28, 200, J company B 1, 750,00 on October 15, 201, J company 200 on March 10, 200, J company 200, J company 2500, J company 2010

B. Defendant B remitted the following money to the Plaintiff’s account:

C. The deceased K (hereinafter “the deceased”) died on January 16, 2014, and Defendant E, F, G, H, and I, the wife of the deceased, are the inheritors of the deceased.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 14, entry of Eul 1 and 2, entry of Eul 1 and evidence of Eul 1, entry of Eul 1, entry of evidence of Eul 1 (including each number, hereinafter the same shall apply), purport of whole pleadings

2. Determination as to the plaintiff's claim against the defendant B

A. In light of the following circumstances acknowledged by the evidence of this case, i.e., the Plaintiff remitted each of the Defendant B with KRW 10 million on December 7, 2009, and KRW 30 million on December 28, 2009, and Defendant B remitted each of the above nine times from January 6, 2010 to January 14, 201, the Plaintiff loaned each of the above loans to Defendant B with KRW 11 million on the Plaintiff’s account as interest. In light of the above facts, the Plaintiff loaned each of the loans to Defendant B with KRW 10 million on December 7, 2009, and KRW 280 million on December 3, 200, (hereinafter “instant loans”).

B. (1) Defendant B’s defense against Defendant B’s defense asserted that Defendant B paid the full amount of each of the above loans to the Deceased, but there is no evidence to acknowledge this, and the Defendant’s defense is without merit.

(2) As Defendant B’s defense of extinctive prescription applies five years to the instant loan claim, Defendant B’s defense that the instant loan claim expired due to the completion of extinctive prescription.

All parties involved are engaged in commercial activities.

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