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(영문) 부산지방법원 2015.01.15 2014나9851
대여금등
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 plaintiff's assertion that the defendant borrowed KRW 10,00,000 from C on April 17, 1997, the plaintiff's husband's punishment, and KRW 10,00,00.

In addition, the Defendant borrowed KRW 10,00,000 from the Nonghyup around 1998, and C paid KRW 3,644,336 out of the principal and interest of loans on November 29, 2002 after he arranged joint and several sureties.

Therefore, the defendant is obligated to pay C the total amount of the above loan and the subrogated payment amount of KRW 13,644,336 and delay damages to C to the plaintiff as the inheritor.

2. According to each of the evidence Nos. 1, 2, and 2 evidence No. 1-2, C withdraws KRW 10,000 from his account on April 17, 1997; on November 29, 2002, the Defendant’s repayment of KRW 3,64,336 to the Defendant’s principal and interest of loan No. 3,64,336; and C’s death on March 18, 201, it may be recognized that the Plaintiff’s assertion was insufficient to acknowledge, and there is no other evidence to prove otherwise.

Even if the Plaintiff alleged, C lent money to the Defendant and subrogated for the principal and interest of the Defendant.

Even if the Defendant asserts that each of the above obligations has expired by prescription, it is clear in the record that the Plaintiff brought the instant lawsuit on January 27, 2014 after the lapse of 10 years from the date of lending to C or the date of subrogation to the Defendant. As such, each of the above claims has already expired by prescription before the instant lawsuit was brought.

As such, the defendant's above defense is justified.

Therefore, the plaintiff's assertion is without merit, considering it as one mother.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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