logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.09.08 2020가단4641
대여금
Text

The defendant's KRW 50,00,000 for the plaintiff and its 5% per annum from April 1, 2010 to April 14, 2020.

Reasons

Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2 as to the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 50 million and the delay damages therefrom, barring any special circumstance. As such, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 50 million and the delay damages.

2. First of all, the defendant's defense is asserted that the money received from the plaintiff is not a loan but an investment amount for game shooting equipment, and the amount is not a loan amount of KRW 50 million but a loan amount of KRW 2485,00,000. However, each statement of the evidence Nos. 1 through 3 is insufficient to reverse the facts recognized in the above paragraph No. 1. 1., and there is no other counter-proof, the above assertion is rejected.

Next, the defendant's above performance memorandum (Evidence A 1) is treated as the defendant's work properly.

Although there is no other evidence to acknowledge it, the above assertion shall not be accepted, as it is so prepared that it is invalid. However, there is no other evidence to acknowledge it.

Finally, the defendant asserts that the lawsuit in this case was extinguished because it is apparent in the record that the claim for the borrowed money as alleged by the plaintiff was filed five years after the due date. However, as recognized in the above 1.1., the plaintiff's claim for the borrowed money against the defendant can be recognized as not a commercial claim but a civil claim, and it is apparent in the record that the lawsuit in this case was filed on March 26, 2020, which was within ten years from March 31, 2010, and therefore, the defendant's defense that the above borrowed money claim expired after the due date cannot be accepted.

3. Therefore, the defendant is liable to pay to the plaintiff KRW 50 million from April 1, 2010 to April 14, 2020, the delivery date of a copy of the complaint of this case from April 14, 202.

arrow