계약금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following parts and adding the same judgment as that of the judgment of the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
On January 19, 2012, the fourth 19th 19th 201 of the judgment of the court of the first instance, “the foregoing January 19, 2012” shall be read as “the date on which he/she received it.”
In addition, the defendant's summary of the defendant's assertion is not E but F individual who lent KRW 300 million to the defendant.
Therefore, since the defendant's above loan claims are civil claims and the ten-year statute of limitations is applied, the statute of limitations for the above loan claims has not yet expired at the time of the transfer contract of this case, and it cannot be deemed null and void because it is impossible to achieve the purpose of the transfer contract
Even if the obligor of the above loan claims has completed the five-year commercial extinctive prescription of the above loan claims at the time of the above transfer or acquisition contract, the above loan claims are not extinguished as a matter of course, but only the right to invoke the extinctive prescription period can be invoked in E. Thus, the above transfer or acquisition contract cannot be deemed null and void.
Furthermore, even if the above loan claims were extinguished by asserting the completion of the prescription period of the above loan claims in the lawsuit of Jeonju District Court 2012Gahap1732, the Defendant’s obligation pursuant to the instant transfer and acquisition contract is merely the fact that the Defendant’s obligation pursuant to the instant transfer and acquisition contract was subsequently impossible. The Defendant could not at all expect that the above loan claims will become extinct due to the completion of the prescription period at the time of the said transfer and acquisition contract, and the Plaintiff’s claim is unreasonable.
Judgment
In light of the following facts and circumstances, the defendant's main office of the crime prevention is examined, the above fact of recognition, the entry of Gap evidence No. 1, and the overall purport of oral proceedings.