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(영문) 수원지방법원 2018.08.30 2018가합10343
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The defendant, on June 14, 2004, borrowed KRW 1,00,000 from the plaintiff, a private village resident, for business funds (hereinafter "loan of this case"), and paid KRW 2,00,000,000,000 in total, including the loan principal, interest, and development project profit-making dividends, and agreed to pay KRW 1,00,000 on the date when 12 months have elapsed from the loan of KRW 1,00,000 among them. Under the above agreement, on June 14, 2004, the plaintiff paid KRW 70,000,000 to the defendant on July 30, 200, KRW 30,000,000,000 to the non-party designated by the defendant, and paid KRW 1,00,000,000 per annum to the defendant on July 30, 200, 2000 as the principal and interest of this case, barring special circumstances to the plaintiff.

2. The defendant's defense is asserted that the extinctive prescription of the debt of this case has expired, and therefore, he agreed to pay the principal in full on the 12-month period from the date of the loan by borrowing KRW 1,00,000 from the plaintiff around June 2004, and the plaintiff extended a total of KRW 1,000,000 to the defendant by July 30, 2004 in accordance with the above agreement. As seen earlier, since the debt of this case is late, the extinctive prescription has already expired on July 30, 2015 after the lapse of 10 years from July 30, 2005, which is the due date for the principal payment.

Therefore, the defendant's defense for the completion of extinctive prescription is reasonable.

3. Judgment on the plaintiff's second defense

A. At the time of lending money to the Defendant, the Plaintiff’s summary of the Plaintiff’s assertion is the E and F., which is owned by the Defendant’s wife D as a collateral.

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