logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원제천지원 2015.04.15 2015가단478
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

According to Gap evidence Nos. 1-3-1 through 3, it can be recognized that the plaintiff lent to the defendant the amount of KRW 10,000,000 on October 23, 2002, KRW 5,000,000 on January 20, 2003, and KRW 21,724,000 on May 27, 2003 without fixing the due date for payment. Thus, barring any special circumstance, the defendant is liable to pay to the plaintiff the total amount of KRW 36,740,00 (=10,000,00 + KRW 5,000 + KRW 21,724,000) and damages for delay.

In regard to this, the defendant's defense that each of the above loan claims has expired by the statute of limitations is examined. As seen earlier, the facts that each of the above loan claims is a bond for which the due date has not been set is the same, and the starting point of the statute of limitations is the time when the right occurs in the case of a bond for which the due date has not been set. The plaintiff's lawsuit in this case is obvious in the records that the plaintiff's lawsuit in this case was filed on December 22, 2014 after the lapse of 10 years from the date on which each loan claim occurred ( October 23, 2002; January 20, 2003; May 27, 2003). Thus, each of the above loan claims has already expired before the lawsuit in this case was filed

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

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

arrow