대여금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On September 22, 2009, the Plaintiff filed a lawsuit against the Defendant for a loan claim with the Suwon District Court Ansan Branch 2009Kadan868, the Plaintiff was sentenced to the judgment that “the Defendant shall pay to the Plaintiff 5,064,950 won and the amount calculated by applying each rate of 24% per annum from August 30, 2006 to April 23, 2009, and 20% per annum from the next day to the date of full payment.” The above judgment was finalized on November 10, 2009.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, significant facts in this court, purport of the whole pleadings
2. The plaintiff's claim for the loan of this case for the extension of the plaintiff's assertion and judgment of extinctive prescription is a defense that the defendant extinguished by extinctive prescription after the judgment in the preceding lawsuit became final and conclusive. Thus, the ten-year extinctive prescription of the claim established by the judgment under Article 165 (1) of the Civil Act is applied. The ten-year prescription of the claim interrupted by the judicial claim under Article 178 (2) of the Civil Act is newly run from the time when the judgment became final and conclusive. Accordingly, the ten-year extinctive prescription of the plaintiff's loan will begin anew from Nov.
However, it is apparent that the instant lawsuit was filed on January 7, 2020 after the lapse of 10 years thereafter, and therefore, the instant loan claim had expired by prescription prior to the filing of the instant lawsuit, and the Defendant’s defense pointing this out has merit.
In regard to this, the Plaintiff asserted that the period of extinctive prescription of the interest and the principal claim shall not be completed unless the interest is fully repaid. However, the interest or delay damages are subordinate rights arising at a certain rate corresponding to it on the premise of the existence of the principal claim, which is the principal claim, and when the extinctive prescription of the principal claim (such as the principal claim, etc.) has expired retroactively to the initial date, the extinctive prescription of the principal claim shall be subordinate rights (interest, delay damages claim, etc.).