대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Defendant’s assertion 1) The grounds for the Plaintiff’s instant claim are as follows: (a) the Plaintiff’s “loan Counseling and Application” at the Plaintiff’s office of Tae-dong on June 17, 2008 (hereinafter “instant Loan Counseling and Application”).
The plaintiff's claim based on the loan counseling and application of this case was made on June 17, 2008, and the plaintiff's claim of this case was made on June 17, 2008, because the seal affixed to the loan counseling and application of this case is not that of the defendant, but the defendant's certificate of personal seal impression is incomplete, and there is no approval from the approval person. The plaintiff's claim of this case was made on June 17, 2008. Since the plaintiff's claim of this case was subject to the application of commercial extinctive prescription, the plaintiff's claim of this case was filed after the lapse of five years from the date of preparation of the loan counseling
B. Determination 1) The Plaintiff’s claim is not based on the loan consultation and application in this case, but on the basis of each contract for guarantee for the Defendant’s loan in this case. Thus, this part of the Defendant’s claim is rejected on a different premise. 2) The extinctive prescription period arises objectively from the time it becomes possible to exercise its right. As such, each contract for guarantee for the loan in this case, which serves as the basis for the claim in this case’s claim, was concluded on April 20, 201, and June 15, 201, respectively. Accordingly, as seen earlier, the Plaintiff issued the payment order in this case to the Defendant.