대여금
1. The Defendant’s KRW 5,500,000 and KRW 50,000 among the Plaintiff, respectively, shall be 5% per annum from January 30, 2003 to July 6, 2018.
1. According to the overall purport of each statement and pleading in Gap evidence Nos. 1 through 5, and Eul evidence Nos. 1 (including paper numbers) as to the plaintiff's cause of action, the defendant borrowed KRW 50,000 from the plaintiff on December 20, 2002; KRW 15,000,000 out of the maturity date until December 24, 2002; the remaining principal amount of KRW 35,00,000 and interest KRW 7,500,000 were determined to be repaid until January 29, 2003; and the fact that the defendant paid KRW 2,00,000 after the payment by the plaintiff is the person of the plaintiff.
Therefore, the defendant is obligated to pay the principal and interest of the loan remaining to the plaintiff, barring special circumstances.
2. The defendant's defense of extinctive prescription is proved to have expired by the statute of limitations. Thus, it is clear that the defendant's lawsuit of this case was filed on May 31, 2018, where the ten-year period from the lawsuit of this case was expired.
Meanwhile, if an obligor partly pays his/her obligation after the completion of the extinctive prescription, the obligor ought to be deemed to have impliedly admitted the entire obligation unless there is any dispute as to the amount of the obligation, and in such a case, the obligor is presumed to have renounced the benefit of prescription with the knowledge of the completion of prescription (see, e.g., Supreme Court Decision 2014Da32458, Jul. 11, 2017). In addition to the written evidence No. 5, the Defendant’s performance of KRW 2,00,000 against the Plaintiff on September 7, 2016. Therefore, it is reasonable to deem that the Defendant given up the benefit of prescription
Therefore, the plaintiff's second defense pointing this out is justified, and the defendant's second defense is without merit.
3. Ultimately, the Defendant’s conclusion is as follows: 5,50,000 won in total of the principal and interest leased to the Plaintiff as well as KRW 50,00,00 in principal and interest thereof; 5% per annum under the Civil Act from January 30, 2003 to July 6, 2018, the delivery date of a copy of the instant complaint, which is the delivery date of a copy of the instant complaint, and 5% from the following day to May 31, 2019.