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(영문) 서울동부지방법원 2016.06.28 2015가합3479
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On April 12, 2003 2,00,000,000 on May 17, 2003, 200; 5,000,00 on April 16, 200 on April 27, 200; 16,00,00 on May 19, 200; 16,00; 3.0. 6. 25,00 on May 16, 200; 16. 3,00,00 on July 25, 200; 16. 8,00,00 on July 25, 200; 16. 3,00,000 on April 27, 200; 19, 2000 on May 19, 2003; 7. 3, 2005;

On November 4, 2003, the Defendant repaid KRW 10,000,00 to the Plaintiff.

[Ground of recognition] According to the above facts of recognition as to Gap evidence 1-2 and Gap evidence 2 and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff 248,50,000 won (=258,500,000 won - 10,000,000 won) and damages for delay calculated at the rate of 15% per annum from June 2, 2015 to the day of full payment, which is the day following the day when the original copy of the instant payment order was served.

The fact that the plaintiff lent a total of KRW 258,50,000 to the defendant from April 12, 2003 to August 21, 2003 without due date is recognized as above. The fact that the plaintiff applied for a payment order seeking the payment of the loan to the defendant only after August 19, 2014 when ten years have passed from August 21, 2003.

Therefore, the Plaintiff’s loan claim against the Defendant expired on August 21, 2013 and the ten-year statute of limitations expired.

As to this, the Plaintiff asserts that the statute of limitations has been extended since the Defendant continued to recognize the existence of the obligation against the Plaintiff until December 20, 2013, and the Plaintiff had the intent to repay.

If Gap evidence No. 2 added the purport of the whole pleadings, the defendant prepared a loan certificate around December 19, 2013.

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