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(영문) 서울중앙지방법원 2015.06.19 2015가단58295
어음금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On August 8, 1999, the Plaintiff loaned KRW 50,000,00 to the Defendant, and sought payment of KRW 50,000,000 for face value and the place of payment, each of the Seoul Special Metropolitan City, the place of payment, and the place of payment, respectively, after a promissory note with a payment due date was issued by a notary public on December 8, 1999, on the ground that a notary public was issued and delivered to the Defendant on December 8, 1999 with a certificate of Han Law Firm Han-Law Office (No. 6701, the certificate of Law Firm Han-Law Office) recognizing compulsory execution on the said promissorysory note as the certificate of 199.

The defendant cannot respond to the claim for loans after about 15 years have elapsed from the date of the issuance of the above promissory note, and there is a defense to the effect that the extinctive prescription of loan claims has expired.

In full view of all the circumstances revealed in the purport of the entire pleadings, such as the fact that a promissory note, which the Plaintiff received as security for loan bonds, is a bill payable at sight, and the payment presentation for a bill payable at sight shall be made within one year from the date of its issuance (Article 34(1) of the Bills of Exchange and Promissory Notes Act), if there is no lawful payment presentation within the said period, the extinctive prescription of the obligation for a bill shall run from the expiration date of the said period to the expiration date, the Plaintiff asserts that the Defendant did not repay the obligation even if the Plaintiff presented a promissory note at the place of payment at the due date, and that the date of the institution of the lawsuit ( January 27, 2015) of this case was about 15 years after the due date of the promissorysory note, even if the Plaintiff’s loan claims against the Defendant exist, the extinctive

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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