대여금 등
1. Defendant B (Appointed Party) paid KRW 165,00,000 to the Plaintiff as well as the year from March 6, 2018 to December 5, 2018.
1. In full view of Gap evidence No. 1, evidence No. 2-1, and evidence No. 2-2, the plaintiff lent KRW 165,00,00 to the defendant (appointed party) B around 1993, and Eul's son, for the payment of the above loan debt, issued a promissory note (No. 5689, Dec. 8, 1993) to which the plaintiff was the addressee, stating "the date of payment", "the date of payment", and the date of publication" (No. 5689, Dec. 8, 1993, No. 1993).
According to the above facts of recognition, the defendants are jointly and severally liable to pay the amount stated in the purport of the claim to the plaintiff, unless there are special circumstances.
2. The defendants' defenses are defenses that the extinctive prescription of the above loan obligation has expired.
In light of the fact that the above loan date was around 1993, the ten-year extinctive prescription period has expired. However, in full view of the overall purport of the pleading in the statement No. 2-1 of the evidence No. 2-1 (the defendant asserted that the defendant was forced to do so, but there is no reason to acknowledge it), it is reasonable to deem that the defendant B, the principal obligor, agreed on Nov. 28, 2017 to repay the above loan amount of KRW 165,00,000 to the plaintiff by March 5, 2018, and thus, the benefit of extinctive prescription has been renounced.
[Defendant's assertion in the preparatory documents that the principal obligor was appointed C, but the Defendant (Appointed Party) voluntarily borrowed money from the Plaintiff on the date of pleading, and stated that the Defendant (Appointed Party) did not borrow money from the Plaintiff, and thus, all arguments on different premise are without merit. However, since the waiver of the statute of limitations interest made by one obligor (Appointed Party) is only a relative effect, even if the Defendant (Appointed Party) waivers the statute of limitations interest, it does not have effect on the other obligor C, which is the other obligor (Appointed Party). Thus, the statute of limitations expires.