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(영문) 서울동부지방법원 2020.05.14 2019가단134947
대여금
Text

The plaintiff's claim against the defendants is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 9, 2006, the Plaintiff prepared and delivered a letter of debt repayment (hereinafter “each letter of this case”) stating that “The Plaintiff promised to pay KRW 100 million borrowed on October 24, 2005 by March 31, 2006” from Defendant C.

B. Defendant B’s spouse on November 25, 2008, as Defendant C’s spouse, is the Plaintiff with the loan certificate of KRW 100 million (hereinafter “the loan certificate of this case”).

(iii) prepare and deliver the documents. [The basis for recognition] unsatisfy, Gap evidence Nos. 1, 2, and 3 (including paper numbers), the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that Defendant C has a duty to pay the Plaintiff the loan amount of KRW 100 million in accordance with the letter of this case, and Defendant B has a joint and several surety by preparing and granting the loan certificate of this case.

Therefore, the Defendants are jointly and severally liable to pay KRW 100 million and delay damages to the Plaintiff.

B. 1) The Defendants asserted that the Defendants paid KRW 80 million out of the loan debt of this case, but there is no evidence to acknowledge this. 2) The Defendants asserted that the Defendant’s claim of this case was a commercial claim, and that the extinctive prescription period of 5 years has expired since it was a commercial claim, and that the Plaintiff’s claim of this case was completed 10 years since it was a commercial claim. b) The Defendant’s claim of this case is subject to the extinctive prescription of 10 years since there is no evidence to support that the Plaintiff’s claim of this case constitutes a commercial claim. The extinctive prescription period of 10 years is applicable. The Defendant C’s debt of this case against the Plaintiff, the primary debtor, was expired on March 31, 2006, which was the due date stipulated in the respective letter of this case, around March 31, 2016.

I would like to say.

On the other hand, Gap evidence Nos. 6 and 7 are written and the purport of the whole pleadings.

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