대여금
All appeals are dismissed.
The costs of appeal by the plaintiff are assessed against the plaintiff and the defendant.
The grounds of appeal are examined.
1. Plaintiff’s ground of appeal
A. On the grounds as indicated in its reasoning, the lower court determined that the part regarding KRW 300 million among the money listed in [Attachment 1] No. 25 of the instant lawsuit, among those indicated in [Attachment 1] No. 25 of the lower judgment, contradicts the res judicata effect of the final
In light of the relevant legal principles and records, the above determination by the court below is acceptable, and it did not err by misapprehending the legal principles as to the res judicata, or by failing to exercise the right of explanation, or by failing to exhaust all necessary deliberations, which affected the conclusion
B. On the grounds as indicated in its reasoning, the lower court determined that the Plaintiff’s right to claim restitution of unjust enrichment against the Defendant has expired.
In light of the relevant legal principles and records, although the reasoning of the lower court partially inappropriate, the lower court’s conclusion is acceptable, and it did not err by misapprehending the legal principles on extinctive prescription and debt approval, thereby adversely affecting the conclusion of the judgment.
2. As to the Defendant’s grounds of appeal, the lower court determined that the Plaintiff could not be deemed to have actually and specifically perceived the damage and the perpetrator in relation to the embezzlement of the H building rent at the time of filing a complaint.
In light of the relevant legal principles and records, the above determination by the court below is acceptable, and it did not err by misapprehending the legal principles on short-term extinctive prescription in tort damages, or by violating the rules of evidence, etc. affecting the conclusion of the judgment.
3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.