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(영문) 서울동부지방법원 2017.06.09 2016가단20979
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Claims concerning the cause of claims;

A. The Plaintiff asserts that the Defendant, as the father, promised to pay interest at the rate of 1.5% per month and that the Plaintiff borrowed a sum of KRW 192.5 million from April 30, 2008 to September 30, 2008 as shown in the annexed sheet, and that the Plaintiff paid only KRW 60 million among them and did not pay the balance of KRW 135 million, and that the said agreement did not pay the remainder and the interest thereon.

B. As to this, the Defendant: (a) from the time when the Plaintiff was at the end of 2005 at the time of the Plaintiff’s introduction, the number of notes as set forth in the attached Form among the bills discounted in 2008.

1. to 1.

5. Each of the bills mentioned above (a total of KRW 195 million) is due to default, and the amount related to the bill alleged by the plaintiff is paid at the discount of the bill by the plaintiff, and the defendant does not borrow the amount from the plaintiff (However, the defendant paid to the plaintiff the amount of KRW 60 million out of the amount of the bill in arrears because it was received by the defendant as the construction price, etc.). In addition, the attached order is also attached thereto.

6. He/she asserts that the foregoing KRW 20 million has not been borrowed.

Attached Form for Family Affairs

1. to 1.

5. The parties to the transaction, even if the parties to the transaction were the Defendant, set up a defense that the statute of limitations for each of the bills has expired, and that the commercial statute statute has expired even if

C. As to the Defendant’s claim for the completion of the above commercial extinctive prescription, the Plaintiff asserts that the Defendant paid interest of KRW 2 million each month until March 2013, and the Defendant provided approximately KRW 2 million as a living expense group because of the intentional responsibility introduced with respect to the outstanding bills, and that it was not paid as interest.

It argues that the instant lawsuit was instituted before the completion of the commercial extinctive prescription.

2. Determination

(a) Attached sequence;

6. As to the stated money, the Plaintiff asserted that at the Defendant’s request, the Plaintiff withdrawn the cash of KRW 20 million on April 30, 2008 and lent it to the Defendant, but there is no evidence to acknowledge this.

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