청구이의
The judgment of the court below is reversed, and the case is remanded to the Gu Government District Court.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. According to the reasoning of the judgment below, on April 17, 2017, after the expiration of the extinctive prescription period, the court below acknowledged that the Plaintiff visited the Office of Education D of the Government Office of Education affiliated with the Defendant to provide repayment of KRW 15 million, which is a part of the principal and interest of the instant claim, and requested exemption from the remainder of interest obligations. Accordingly, it is reasonable to deem that the Plaintiff actively recognized the legal effect of the instant claim beyond simply showing that the Plaintiff was aware of the existence of the instant claim and expressed its intent to perform the Defendant’s obligation in response thereto. Since the Plaintiff did not receive the amount provided by the Defendant and failed to repay the obligation, it cannot be said that the intent of effect is denied on the sole ground that the Plaintiff failed to receive the amount provided by the Defendant and thereby failed to repay the obligation, the court below determined
2. However, we cannot agree with the above determination by the court below for the following reasons.
An obligor who is entitled to the benefit of prescription may waive the benefit of prescription after the completion of the extinctive prescription, and this is an expression of intent to seek an effective intent to not receive any legal benefit due to the completion of the prescription.
In addition, the determination as to whether there exists an expression of intent to waive the prescriptive benefit should be made objectively and reasonably in accordance with logical and empirical rules, and the common sense of society in accordance with the concept of social justice and equity by comprehensively taking into account the substance, motive, and background of the act or expression of intent as indicated, the purpose and genuine intent of the parties to achieve by expressing their intent, etc.
(see, e.g., Supreme Court Decision 2011Da56187, 56194, Jul. 25, 2013).