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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Both claims;
A. The plaintiff asserted that on September 6, 2004, the plaintiff lent KRW 100,000,000 to the defendant within one year of maturity, and the defendant agreed that if the defendant did not pay the above money at the time, he will transfer the ownership of the apartment owned by the defendant to the plaintiff, and that he will transfer the ownership of the apartment owned by the defendant to the plaintiff. The plaintiff prepared a promissory note (Evidence A No. 8 and 14) and a promissory note No. 100,000,000.
Since then, the defendant did not pay the above borrowed money, and the apartment was disposed of in another place.
Accordingly, the plaintiff filed a complaint against the defendant around February 2006, and the defendant again agreed that the above loan will be repaid until September 6, 2006.
Therefore, the defendant is obligated to pay the principal and interest of the above loan to the plaintiff as stated in the purport of the claim.
B. The Defendant’s assertion was that the Defendant written the Plaintiff’s letter of loan (No. 14) and the certificate of promissory note as of September 6, 2004. However, the said letter of loan was written about KRW 80,000,000, remitted to the account of a stock company C, which was operated by the Plaintiff as the president, and it was not the money that the Defendant personally borrowed.
Even if the Defendant’s loan is borrowed, the said money was used as the operating fund of C Co., Ltd. as shown in the loan sheet, and the Plaintiff was well aware of such circumstances, so the above loan obligation becomes a commercial obligation and the five-year extinctive prescription has already been completed, and the obligation of promissory notes has expired three-year extinctive prescription, and thus, the Plaintiff’s claim cannot be complied with.
2. Determination
A. In full view of the evidence Nos. 12-1 and 14 as to the existence of the Defendant’s debt, the Plaintiff, at September 6, 2004, deposited KRW 80,000 in the above company’s account as of September 6, 2004, and the Defendant borrowed the above money between the Defendant and the president of C on the same day.