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(영문) 서울남부지방법원 2019.05.24 2018나2580
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts that the Plaintiff lent KRW 5,00,000 to the Defendant on November 24, 2003, the interest rate of KRW 1% per month, and the due date of repayment on February 28, 2004, are not disputed between the parties, or can be recognized by comprehensively considering the overall purport of the entries and arguments in the evidence Nos. 2 and 3. Thus, according to the above facts of recognition, barring any special circumstance, the Defendant is liable to pay the Plaintiff the above loans KRW 5,00,000,000, and delay damages therefor.

2. The defendant's defense is proved to have expired by the statute of limitations on the plaintiff's above loan claims. Thus, the facts that the plaintiff's above loan claims were due on February 28, 2004 are as seen earlier. The plaintiff's lawsuit in this case was filed on February 12, 2018, after the lapse of 10 years from the lawsuit in this case. Thus, the above loan claims were already extinguished by the statute of limitations prior to the lawsuit in this case.

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

As to this, the Plaintiff paid to the Plaintiff KRW 100,00 on April 30, 200, interest of KRW 100,000 on March 8, 2005, the principal of KRW 1,000,000 on March 8, 2005, the principal of KRW 2,00,000 on April 19, 207, and interest of KRW 20,000 on June 9, 2008, respectively, and the Defendant promised to pay the Plaintiff KRW 2,00,00 on March 22, 2019.

Inasmuch as there is a re-appeal to the purport that the Defendant renounced the benefit of extinctive prescription, it is not sufficient to acknowledge the Plaintiff’s assertion solely on the basis of the Plaintiff’s evidence No. 4, and there is no other evidence to acknowledge it, the Plaintiff’s re-appeal is rejected.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be dismissed as it is unfair, and the plaintiff's claim shall be dismissed, and it is so decided as per Disposition.

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