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(영문) 서울북부지방법원 2020.08.07 2020가단2653
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the purport of Gap evidence No. 1 and the entire pleadings, the plaintiff filed a lawsuit against the defendant for loans with North Korea Branch of Seoul District Court 98Gadan28548. On September 29, 1999, the above court rendered a ruling that "the defendant shall pay to the plaintiff 31,00,000 won and interest calculated at the rate of 25% per annum from September 13, 1998 to the date of full payment" (hereinafter "the judgment of the previous suit of this case"). The judgment of the previous suit of this case is recognized to have become final and conclusive on October 28, 199.

2. The assertion and judgment

A. The plaintiff asserted that the lawsuit of this case was filed for the extension of the extinctive prescription period of the judgment in the previous suit of this case, and the defendant asserted that the claim pursuant to the judgment in the previous suit of this case was extinguished by ten years after October 28, 199, which was the date when the judgment became final and conclusive.

In this case, it is reasonable to view that the statute of limitations has expired after the lapse of 10 years from the date the judgment became final and conclusive. Thus, the plaintiff's claim in this case is without merit.

B. The plaintiff alleged that the defendant should pay a loan in accordance with the judgment of the previous suit of this case and that the plaintiff's assertion of extinctive prescription is not permissible as an abuse of rights against the principle of good faith, even though he knows that there is an obstacle to the exercise of rights as a person with serious blood speculation. However, the defendant's defense of extinctive prescription cannot be viewed as an abuse of rights. Thus, the plaintiff's assertion is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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