대여금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
1. Determination as to the cause of claim
A. The fact that the Plaintiff lent a total of KRW 14,00,000 to the Defendant four times from August 17, 1994 to May 16, 1995 is either a dispute between the parties or can be acknowledged according to the purport of each of the statements and all of the arguments set forth in subparagraphs A2 and 4.
According to the above facts of recognition, the defendant is obligated to pay 14,000,000 won to the plaintiff.
B. The defendant's defense that the extinctive prescription of the above loan claim has expired.
In light of the above loan claims, the date of each loan becomes the starting point of the extinctive prescription as it is a debt for which the maturity date has not been specified, and the above loan claims have expired at least on May 16, 2005. Since the lawsuit in this case was filed on January 4, 2017, which was after the completion of the above extinctive prescription, the defendant's defense has merit, barring any other circumstances.
C. As to this, the plaintiff re-fights that the defendant renounced the statute of limitations after the expiration of the statute of limitations.
According to the statement No. 5 and the evidence of this court and the purport of the whole pleadings, the defendant can recognize the fact that he/she recognized the loan obligations by stating to the plaintiff demanding repayment of the debt on December 20, 2016, which is after the expiration of the above extinctive prescription, that "it shall be repaid even if it comes to the passbook," "one hundred thousand won per month," and "one hundred thousand won per month," etc.
According to the above facts of recognition, since the defendant renounced the interest of the statute of limitations on the above loan claims against the plaintiff, the plaintiff's second defense is reasonable, and the defendant's defense is therefore groundless.
Therefore, the Defendant calculated 14,00,000 won for the Plaintiff as well as 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, which is reasonable from January 12, 2017, to September 1, 2017, which is the date of the first instance judgment, to which it is reasonable for the Defendant to resist the existence and scope of the obligation.