대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In this court's loan lawsuit 2007da61315, the plaintiff filed against the defendant, which was sentenced to the same judgment as stated in the purport of the claim on September 28, 2007, and the above judgment became final and conclusive on October 19, 2007, and the plaintiff filed the lawsuit in this case for the purpose of the extension of the prescription period for the above loan claim. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 50 million won with the loan and the damages for delay calculated at the rate of 20% per annum from May 25, 2005 to July 7, 2007 and 5% per annum from the next day to the day of full payment, unless there are special circumstances.
In regard to this, the defendant's defense that the above claim of KRW 50 million had expired by the statute of limitations. Thus, it is clear in the record that the lawsuit of this case was filed on October 23, 2017 after the lapse of 10 years from October 19, 2007, which was the date when the above judgment became final and conclusive. Thus, the above claim of the loan was already extinguished by the statute of limitations prior to the filing of the lawsuit of this case, and therefore, the above defense has merit.
Therefore, the plaintiff's claim is dismissed as it is without merit.