A. Comprehensively taking account of the respective descriptions and the overall purport of the pleadings as set forth in Gap evidence Nos. 1 and 3, the plaintiff loaned to the defendant 10,000,000 won on May 11, 1993, and KRW 5,000,000 on October 2, 1995, and KRW 13,000 on January 13, 1997 at an annual interest rate of 24% without fixing the due date for each payment. The defendant shall pay to the plaintiff the interest agreed in cash by December 5, 1998, KRW 3,00,000 on June 5, 200, KRW 1,000 on July 1, 200, KRW 1,000 on July 6, 1901, KRW 100 on August 1, 200, KRW 300 on May 3, 201, respectively.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff a total of KRW 25,00,000 and interest or delay damages from December 6, 1998.

However, if the Defendant’s repayment of KRW 11,05,00,000 to the Plaintiff from June 5, 201 to July 5, 201 is made in the order of interest on the loan and principal amount, the sum of KRW 83,484,247, as indicated in the separate sheet, shall be the sum of KRW 83,484,247 ( principal KRW 25,00,000,00 until July 5, 201) as indicated in the separate sheet.

B. The defendant asserts that no interest agreement was made at the time of borrowing money from the plaintiff.

However, in full view of the entries in Gap evidence No. 3 and the purport of the entire pleadings, the defendant borrowed money from the plaintiff at an interest rate of 2% per annum (24% per annum) and paid interest of 300,000,000 won per month until December 5, 1998. Thus, the defendant's above assertion is without merit.

2. Judgment on the defendant's defense

A. 1 Defendant’s defense of the completion of the extinctive prescription of principal claim is the defense that the extinctive prescription of the Plaintiff’s respective loans has expired at the expiration of ten years from the date of each loan.

In principle, the extinctive prescription of a claim without a fixed deadline shall run from the time of its establishment.

As seen earlier, the plaintiff can recognize that he has lent money to the defendant without fixing the due date, and the plaintiff finally lent money to the defendant on January 13, 1997.