대여금
1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant B, which constitutes the following amount of payment:
1. Determination as to the claim against the defendant B
A. In full view of the overall purport of the pleadings, the Plaintiff leased KRW 12 million to the Defendant B at the time of purchasing the land located in Y from D around September 1994 (hereinafter “instant land”). In full view of the entire purport of the pleadings, the Plaintiff’s lending of KRW 12 million to the Defendant B the purchase price for the land.
B) Furthermore, the Plaintiff alleged that at the time of September 1994, the Plaintiff loaned the additional registration fee of KRW 500,000 to Defendant B, and that there was an agreement to receive interest of KRW 2% per month on the loan of KRW 12.5 million. However, each of the entries in the evidence Nos. 1 and 8 alone is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it. C) Therefore, barring any special circumstance, Defendant B is liable to pay the Plaintiff the loan of KRW 12 million and its delay damages.
2) Determination as to the defense of extinctive prescription, etc. A) Defendant B defense that the Plaintiff’s loan claim 10-year extinctive prescription has expired. As such, Defendant B’s loan claim is subject to the ten-year extinctive prescription pursuant to Article 162(1) of the Civil Act. The fact that the instant application for mediation was submitted to the court on April 26, 2018 when the ten-year period from the date of the Plaintiff’s loan is clear.
B. As to this, the Plaintiff’s assertion that Defendant B would pay the Plaintiff money that Defendant B had borrowed on several occasions in 2001, 2009, and 2015, the extinctive prescription was interrupted or waived extinctive prescription benefits.
On the other hand, approval, which is the cause of interruption of the extinctive prescription, is established when the debtor who is the party to the extinctive prescription benefit, expresses that there is a right to the person who will lose the right due to the completion of the extinctive prescription or his/her representative, and the method of indication does not require any form, and does not state explicitly or implicitly.