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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s cause of the Plaintiff’s claim is from around 2005 to lend KRW 2,761,040,000 to the Defendants, and even without considering interest, the Plaintiff shall be paid KRW 525,480,000,00. The Defendants, on March 19, 2008, prepared a certificate of borrowed money for KRW 100,000 out of the above loans to the Plaintiff. Accordingly, the Defendants, in accordance with the principle of installment obligations, shall pay the Plaintiff a delay payment amounting to KRW 50,00,000,00 and the interest rate limit under the Interest Limitation Act. Defendant B borrowed KRW 100,000 from the Plaintiff on September 22, 2008 to October 22, 2008. Thus, the Defendants are obligated to pay the above loan and delay damages to the Plaintiff.
2. The assertion and judgment
A. Even if each of the above loans against the Defendants and Defendant B claimed by the Plaintiff in this case was established, the Defendants asserted that the Plaintiff borrowed each of the above loans for the purpose of using them as funds necessary for Defendant B’s business, and thus, each of the above loans was extinguished by the lapse of the five-year statute of limitations as commercial bonds.
B. If evidence Nos. 1, 2, 5, and 6 reveals the purport of the entire pleadings, the Plaintiff’s lending of each of the above money alleged to the Defendants for business purposes is recognized, and each of the above loans is a claim for commercial activities, and the extinctive prescription expires unless it is exercised for five years as a claim for commercial activities.
Furthermore, the Plaintiff’s claim for the loan against the Defendants on March 19, 2008 was made on June 28, 2017 after the lapse of five years from April 18, 2008, which was asserted by Defendant C as the date of final repayment. The Plaintiff’s claim for the loan against Defendant B was made on September 22, 2008 after the lapse of five years from October 22, 2008, which was alleged by the Plaintiff as the due date for payment. The Plaintiff’s claim for the loan was made on March 8, 2018.