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(영문) 부산지방법원동부지원 2015.01.15 2014가단7546
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination as to the cause of claim

(a) In full view of the overall purport of the pleadings, the following facts may be recognized in each entry in Gap evidence Nos. 1, 4, 5, and 6 (including branch numbers; hereinafter the same shall apply).

1) On October 10, 1999, the Plaintiff lent KRW 5,000,000 (interest rate of KRW 2%) to Defendant C, and KRW 35,000,000 (interest rate of KRW 2%) on June 28, 2000. On October 2, 2000, the Plaintiff received reimbursement of KRW 30,000,000 out of the principal of the above loan from Defendant C. Meanwhile, on August 20, 2003, the Plaintiff lent KRW 5,00,000 (interest rate of KRW 3%) to Defendant C, his spouse.

3) On May 15, 2004, the Defendants stated that “The Defendants jointly and severally provided the Plaintiff the principal amounting to KRW 25,000,000 and interest KRW 5,000,000,000 (hereinafter “instant contract amount”) to the Plaintiff.

B By July 31, 2004, repayment will be made until July 31, 2004, and 2% interest shall be paid per month.

was drawn up and issued a letter of payment to the effect that "."

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the agreed amount of KRW 30,000,000 and interest thereon, barring any special circumstance.

2. Determination as to the defendants' defense

A. Although the Defendants asserted that Nonparty D, his father, paid the entire amount of the instant agreement on behalf of the Defendants on behalf of the Defendants, the Defendants’ defense of repayment is insufficient to recognize the said amount only with the descriptions of the evidence Nos. 2, 3, and 4, and there is no other evidence to prove this otherwise.

Therefore, the defendants' assertion on this is without merit.

B. 1) The parties’ assertion 1) The Defendants’ claim of the instant agreed amount is a commercial claim, and the extinctive prescription is five years.

The statute of limitations expired for the instant loan claim at the expiration of five years from February 3, 2006, where the registration of provisional seizure of real estate was cancelled, which is the agreement amount as the claim claim.

B. The Defendants are to use money that is the basis of the instant agreement from the Plaintiff for insufficient school expenses, living expenses, etc.

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