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(영문) 서울중앙지방법원 2015.12.24 2015가단83772
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In full view of the purport of the entire arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1, the plaintiff lent 30,000,000 won to the defendant on Jan. 10, 1996, and the plaintiff filed a lawsuit against the defendant for a loan claim against the defendant under Seoul Central District Court 2004Da330670 in order to be paid the unpaid amount among the above loans, and the above court of the court of March 24, 2005 recognized the following facts: "the defendant shall pay to the plaintiff the amount equivalent to 23,246,403 won and the amount equivalent to 22% per annum from Dec. 24, 2003 to the date of full payment." The above judgment became final and conclusive on Apr. 12, 2005.

As to this, the defendant's defense that the above claim had expired by prescription, it is obvious that the lawsuit of this case was filed on May 8, 2015, which was ten years after the date when the above judgment became final and conclusive. Thus, the defendant's defense is with merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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