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(영문) 전주지방법원 2015.06.25 2014나7295
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties, or the plaintiff is a person, or the whole purport of the arguments in Gap evidence Nos. 1 and 5.

Under the joint and several guarantee of Defendant C, the Plaintiff lent KRW 8,00,000 to Defendant B, ① on December 31, 1996, and ② on December 31, 1996, with the annual interest rate of KRW 24%. In addition, without the due date of repayment, the Plaintiff loaned KRW 6,00,000 on December 31, 1997, ② without the due date of repayment, KRW 1,00,000 on May 11, 1998, and KRW 5,000 on June 1, 1998, respectively.

(hereinafter “instant loan”). (b)

On March 9, 2007, the Plaintiff received reimbursement of KRW 2,000,000 from Defendant C, and KRW 7,000,000 from Defendant B on July 28, 2008, and appropriated it to the principal of each of the above loans.

2. Determination:

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining principal amount of 11,000,000 won of each of the above loans and damages for delay.

B. The plaintiff alleged that the loan of KRW 3,000,000 around June 1998 was additionally lent to the defendant Eul under the joint and several guarantee of the defendant C around June 1998, but there is no evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

C. (1) The Defendants asserted that the statute of limitations expired for each of the above loans.

On June 4, 2015, Defendant B asserted that “Defendant B was a merchant under the Commercial Act at the time of borrowing money from the Plaintiff. The Plaintiff’s claim against Defendant B against the Defendant was completed five years after July 28, 2008, which was the date of the Defendants’ final payment.” It is evident in the record that the Plaintiff did not clearly dispute the above claim of Defendant B.

In addition, after the closing of the arguments in the trial, the reference materials submitted by the defendants' attorney as of June 10, 2015 are examined.

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