logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.05.26 2019가단276165
청구이의
Text

1. The Defendant’s payment order for the loan claim against the Plaintiffs was issued by Seoul Southern District Court 2019 tea7303.

Reasons

1. Basic facts

A. The Defendant filed a claim against the Plaintiffs for a loan with Seoul Southern District Court 2019 tea7303, and the payment order was issued on September 18, 2019 and became final and conclusive around that time.

(hereinafter “instant payment order”). B.

On January 20 and December 27, 1997, the defendant received the loan certificate and the payment note stating that D and the plaintiff Eul as debtor shall lend 5 million won and 6.5 million won to D and the payment note. On November 26, 2002, the defendant divided 20 million won until December 20, 2002, and 10 million won until January 27, 2003, and 20 million won until March 27, 2003, and the payment note and cash custody note that the defendant shall pay 5 million won and 6.5 million won to the plaintiffs, D and E affixed their seals.

C. On November 27, 2002, the Defendant prepared and delivered a notarial deed on promissory notes with face value of KRW 50,000,000 from D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2, 4, 5, 7, and 8, and the purport of the whole pleadings

2. Determination

A. The plaintiffs asserted that they did not borrow KRW 50 million from the defendant around 2002. However, as seen earlier, the plaintiffs' statement of payment and a cash custody certificate for KRW 50,000 are established in the plaintiffs' names. Thus, the above assertion is without merit.

Although the plaintiffs asserted that the above documents were forged, they do not accept the above assertion because there is no evidence to acknowledge it.

B. Since the plaintiffs asserted that the obligation of the loan of the payment order of this case was extinguished, the finalized payment order does not have res judicata, and the debtor may file a lawsuit of objection on the grounds that the payment order was finalized, such as non-existence of the claim. According to the above facts acknowledged, the defendant's loan claims against the plaintiffs are extinguished by the statute of limitations from November 26, 2002, where the payment statement and cash custody certificate of the plaintiffs were prepared and issued to the defendant, and the defendant is not exercised for ten years.

arrow