대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The plaintiff's assertion that the plaintiff did not pay 838,500 won to the defendant. Thus, the plaintiff filed a lawsuit against the defendant for the payment of the above loan by Ulsan Branch of Busan District Court 92Gaso26270, and the defendant did not pay the above money to the plaintiff although the above judgment became final and conclusive around that time, the plaintiff asserted that the lawsuit of this case is for the extension of the extinctive prescription period of the claim based on the above final and conclusive judgment.
2. According to the statement in Gap evidence No. 2, it can be acknowledged that the plaintiff was sentenced to a judgment against the defendant as alleged by the plaintiff.
Since the Defendant’s defense that the above loan claim had expired by prescription, it is apparent that the Plaintiff’s lawsuit of this case was filed on April 4, 201 after the lapse of 10 years from the date when the above judgment became final and conclusive, and thus, the above loan claim established by the above judgment has expired by prescription before the instant lawsuit was filed.
I would like to say.
The defendant's defense of extinctive prescription is justified.
On October 5, 200, prior to the expiration of the extinctive prescription period, the Plaintiff asserts to the effect that the extinctive prescription was interrupted since the Plaintiff applied for an auction as the claim bond and received a large amount of KRW 700,000 won, and applied for a payment order on January 22, 2010, within 10 years.
However, there is no evidence to prove that the Plaintiff had received dividends by filing an application for auction as alleged by the Plaintiff, and even if the Plaintiff received some of the dividends by auction on October 5, 2000, the Plaintiff had filed an application for a payment order on the above loan claim with the Ulsan District Court 2010Ra377, Jan. 22, 2010, and filed an application for a payment order, and proceeded with the lawsuit with the Ulsan District Court 2010Da12022. On September 25, 2010, the fact that the lawsuit was terminated on September 25, 2010 is obvious in this court and that the Plaintiff filed the lawsuit of this case more than six months thereafter.