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Reasons
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(영문) 창원지방법원 2020.02.07 2019나52642
대여금
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On January 30, 2010, the Plaintiff lent KRW 20,000,00 to the Defendant at 10% per annum (payment on the last day of each month). On the same day, the Defendant received the cash custody certificate (Evidence A (Evidence A) of this case from the Defendant. Therefore, the Defendant is liable to pay the Plaintiff the above loan amount of KRW 20,000,000 and interest or delay damages thereon. 2) The Defendant asked the Plaintiff on January 30, 200 to lend KRW 20,000 to the Plaintiff. However, the Plaintiff did not have any money, but would borrow money on the following day if the cash custody certificate was issued.

Accordingly, the defendant prepared and ordered the plaintiff on the same day the cash custody certificate of this case, but there was no contact with the plaintiff thereafter, and there was no difference between the plaintiff and the plaintiff.

Even if the Plaintiff’s loan claim against the Defendant on January 30, 200 based on the cash custody certificate of this case was recognized, this statute of limitations expired on January 30, 2010 after the lapse of 10 years thereafter.

B. In full view of the following facts and circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff lent KRW 20,00,000 to the Defendant on January 30, 2010, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit.

① As to the fact that the Plaintiff lent KRW 20,00,000 to the Defendant on January 30, 2010, the evidence submitted by the Plaintiff is only the cash custody certificate of the instant case prepared by the Defendant. The date of preparation of the cash custody certificate of the instant case is indicated in the column. As to this, the Plaintiff asserted that “the date of January 30, 2010” is “the date of January 30, 200,” and the Defendant asserts that “the date of January 30, 200.”

In this regard, it is necessary to write 1, 2, 3, 2, 3, 3, 4, 2, 3, 4, 2, 2, 2, 3, 2, 2, 3, 2, 2, 2, 3, 3, 3,

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