logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.10.26 2015가단32913
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s husband C lent a total of KRW 64,00,000 to the Defendant from August 2, 2004 to November 30, 2005.

B. On January 5, 2016, C transferred the above loan claim KRW 64,00,000 to the Plaintiff, and on January 13, 2016, C notified the Defendant of the assignment of the claim.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Gap evidence 4 through 7 (including paper numbers), Eul's testimony, and the purport of whole pleadings]

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff claimed payment of KRW 64,00,000 against the Defendant, and the Defendant asserted that the said claim had expired ten years after the expiration of the statute of limitations.

B. (1) According to the above facts, the above claim for the transfer money was based on the loan claim against the Defendant from August 2, 2004 to November 30, 2005. Since it is evident that the Plaintiff changed the claim for the transfer money to the claim for the transfer money and sought payment to the Defendant on January 13, 2016, it is obvious that the ten-year extinctive prescription period of the above loan claim has elapsed since the Plaintiff changed to the claim for the transfer money, the above claim for the transfer money has expired, and therefore, the above argument by the Defendant is reasonable, and the Plaintiff’s above argument is without merit.

(2) As to this, the Plaintiff asserted that C paid KRW 3,00,000 to C as interest on the loan claim, which serves as the basis for the above loan claim, and that the Defendant paid KRW 37,00,000,000 to C around March 2006 by paying the above KRW 37,00,000 and interest on the loan claim, which served as the basis for the above loan claim. However, it is insufficient to acknowledge that C paid KRW 3,00,00 as interest on the loan claim, which serves as the basis for the above loan claim, by itself, the Plaintiff’s assertion is not acceptable, and there is no other evidence to acknowledge otherwise.

C. Accordingly, as a result of the suit.

arrow