logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2019.10.22 2018가단122238
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff entered into a loan agreement with the Defendant on October 10, 2003, stating that “the Defendant shall jointly and severally pay the Plaintiff the borrowed amount of KRW 200 million (hereinafter “the borrowed amount”). Of the borrowed amount, KRW 100 million shall be repaid until June 30, 2004; KRW 100 million shall be paid by the end of 2005; KRW 3 million shall be paid by June 29, 2004; and the interest on the borrowed amount shall be paid KRW 100,000 per month until June 30, 2004 as the interest on the borrowed amount shall be paid KRW 100,000 per month after June 30, 2004 (hereinafter “instant agreement”). There is no dispute between the parties, or it may be acknowledged by adding the purport of the entire statement in the evidence No. 2.

Meanwhile, the Plaintiff is a person who received a total of KRW 6.5 million from September 28, 2016 to March 13, 2018 from C (hereinafter “instant repayment”) and appropriated the instant repayment of interest on the instant loan from October 10 to December 14, 2003.

B. Therefore, barring special circumstances, the Defendant is jointly and severally liable with C to pay to the Plaintiff KRW 200 million of the instant loan and interest and delay damages incurred therefrom (hereinafter “the principal and interest on the instant loan”) from December 15, 2003.

2. Determination as to the defense for the completion of extinctive prescription

A. Since the instant lawsuit was filed ten years after the Defendant’s defense was due date for the instant loan, the extinctive prescription of the principal and interest on the instant loan was completed.

B. The fact that the repayment period of KRW 100 million out of the loan borrowed amount of KRW 200 million on June 30, 2004 and the remaining KRW 100 million on December 31, 2005 is as recognized in paragraph (1). The plaintiff's lawsuit in this case is apparent in the record that the plaintiff's claim in this case was filed on November 20, 2018, after the ten-year extinctive prescription period as stipulated in Article 162 (1) of the Civil Act, from the respective repayment period, after the above ten-year prescription period, is expired. Thus, the loan claim in this case had already been filed prior to the filing of the lawsuit in this case.

arrow