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(영문) 대구지방법원 2019.05.01 2018나318554
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is that of the judgment of the court of first instance, except for adding the following judgments, and thus, it is acceptable to accept it as it is by the main sentence of Article 420

2. The defendant asserts that even if he borrowed money from the plaintiff, the plaintiff's claim was extinguished by the ten-year extinctive prescription.

In principle, the extinctive prescription shall run from the time when the claim has been established.

Plaintiff

The facts that the claim is a claim for which the maturity date has not been fixed are as seen earlier, and it is evident that the lawsuit in this case was filed on February 27, 2018 after the lapse of ten years from February 25, 2008, which is the date on which the claim for the loan was established by the Plaintiff’s claim.

Therefore, since the claim of the plaintiff by the plaintiff was extinguished by prescription, the defendant's defense is justified.

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

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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