대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In Suwon District Court Decision 2003Gahap2942 decided Dec. 16, 2003 that "the defendant shall pay to the plaintiff 34,270,000 won and interest thereon at the rate of 5% per annum from March 28, 2003 to December 16, 2003, and 20% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment," which was brought by the plaintiff against the defendant, shall be recognized without dispute between the parties or in full view of the purport of the entire pleadings. Thus, barring special circumstances, the defendant did not specify that the plaintiff filed a lawsuit of this case for the interruption of prescription under the above judgment was filing a lawsuit for the interruption of prescription, but it is understood as above in light of the written complaint and the written brief submitted thereafter.
The Plaintiff is obligated to pay the principal and interest under the above judgment to the Plaintiff.
As to this, the defendant asserts that the plaintiff's claim against the defendant in the above judgment had already been extinguished by the statute of limitations.
Comprehensively taking account of the overall purport of the arguments in the statement in Eul evidence Nos. 1 through 4, the judgment of dismissal was rendered on August 24, 2004 in the case of loans, etc., which the defendant raised against the above judgment of the court of first instance, and the judgment became final and conclusive on September 23, 2004. Thus, the above judgment's claim under the above judgment is complete upon the lapse of September 24, 2014, when the ten-year period from the date the above judgment became final and conclusive, and the fact that the lawsuit in this case was filed on March 9, 2016 is clearly recorded.
Therefore, barring special circumstances, the claim under the above judgment is deemed to have been extinguished after the extinctive prescription expires.
The plaintiff urged the defendant to pay the above judgment amount from September 23, 2004 to the subordinate patrol officer from August 2006, 2006, by calling from time to time to time to time to time to the defendant that he was living in Yangju-si c apartment 302 Dong 104, and the defendant knew to the plaintiff at each time.