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(영문) 제주지방법원 2020.06.11 2019가단8589
대여금
Text

1. The request is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

According to the statement in Gap evidence No. 1, the defendant borrowed 70 million won from the plaintiff on March 13, 2008, and repaid 50 million won out of the above 70 million won on March 13, 2008 until March 18, 2008, and it can be recognized that the remaining 20 million won was written by April 4, 2008, and there was a loan claim of 70 million won against the plaintiff.

However, the defendant asserts that the ten-year extinctive prescription has expired.

The Plaintiff’s claim becomes extinct upon the completion of extinctive prescription, inasmuch as the facts raised on July 31, 2019, much more than 10 years after the maturity date, are apparent in the record.

As to this, the Plaintiff paid 50,000 won to the Defendant on November 4, 2008, and prepared a written statement on the payment of real estate owned by the Defendant on September 26, 2008, and asserted the interruption of the extinctive prescription. However, even if so, the extinctive prescription period has run again, and the Plaintiff’s claim became extinct as of November 4, 2018.

Therefore, the claim of this case cannot be accepted, and it is so decided as per Disposition.

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