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Reasons
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(영문) 대구지방법원 2016.10.21 2014가단49002
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On March 6, 2003, the Plaintiff asserted that: (a) the Plaintiff entered into a contract with the Defendant to transfer the entertainment tavern operated by the Plaintiff to the Defendant with an amount of KRW 550 million; and (b) deliver the entertainment tavern to the Defendant; (c) the Defendant did not pay the remainder of KRW 35 million; and (d) thus, the Plaintiff sought payment.

B. As to the Defendant’s assertion, the Defendant paid the Plaintiff the entire amount of the entertainment tavern transfer proceeds, and even if not, the above transfer proceeds claim is a commercial claim, and thus, the Defendant’s assertion that the Plaintiff received the last payment from the Defendant was extinguished by prescription on April 10, 201, which was five years after April 10, 2006.

2. Determination

A. (1) Around March 6, 2003, the Plaintiff entered into a contract with the Defendant to transfer D (hereinafter “instant transfer contract”) located in Daegu Suwon-gu C (hereinafter “instant entertainment tavern”) operated by the Plaintiff to KRW 50 million (one hundred million in lease deposit, KRW 168 million in equipment and facilities, and KRW 382 million in total, including premium, etc.).

(2) On October 20, 2003, the Defendant drafted a letter of payment (Evidence A3) with the content that the Defendant would pay the balance of the transfer proceeds under the transfer contract of this case 150 million won not later than December 20, 2003.

In addition, on January 10, 2004, the defendant has paid KRW 150 million up to May 10, 2004 (Evidence 4), and on February 14, 2006, a letter stating that "on the date of completion of the compensation for the first, G2, and 3 floors in Daegu Suwon-gu E, the amount of KRW 90 million shall be paid in advance" (Evidence 5-1), "on April 10, 2006, the amount of KRW 18,000,000 paid as of April 10, 2006 in addition to the amount of KRW 18,000,000 paid as of April 10, 2006, the defendant shall pay the full amount of the compensation for KRW 10,000,000,000,000 as of May 21, 206.

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