대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. On September 18, 2001, the Plaintiff asserted that the Plaintiff lost the benefit of the period due to such reasons as having agreed upon to the Defendant on September 18, 2001, including one million won, a prolonged overdue interest, etc., the Plaintiff provided a comprehensive passbook loan by setting the payment of delay damages from the day after the final
Therefore, the defendant is liable to pay to the plaintiff the amount of KRW 1,107,124 as fixed principal and the damages for delay calculated from January 22, 2003.
B. The extinctive prescription under the Commercial Act was completed after the lapse of five years from January 2003, when the defendant's assertion was due after the payment period of the above claim.
2. Since the judgment that the Plaintiff acquired is a claim arising from commercial activities, the five-year extinctive prescription period is applicable. The fact that the instant lawsuit was instituted on July 28, 2015, past five years from January 22, 2003, which was the due date for the payment of the said claim, is apparent in the record.
Therefore, the above claim was completed by the five-year commercial extinctive prescription, and the defendant's defense is justified.
3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance with different conclusions is unfair, and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.