[대여금][집15(1)민,089]
The effect of bonds where the obligor approves the obligation after the expiration of the period.
If an obligation is approved after the completion of prescription, it may be presumed that the obligation is renounced with the knowledge of the completion of prescription.
Article 184 of the Civil Act
Plaintiff
Defendant 1 and one other (Attorney Park Dong-young, Counsel for the defendant-appellant)
Seoul Civil District Court Decision 65Na843 delivered on September 22, 1966
The appeal is dismissed.
The costs of appeal shall be borne by the Defendants.
The Defendant’s Plaintiff’s ground of appeal No. 1
If the evidence No. 1 cited in the paper is examined, the contents alone are insufficient to recognize the fact that the Defendants performed part of the obligation, and thus, the original judgment that held to the same effect is just, and the original judgment that held to the effect is erroneous, and there is no error in the rules of evidence or in failing to exhaust all necessary deliberations. Therefore, it is unreasonable to
The second ground for appeal is examined.
Since the extinction of a claim by the expiration of the statutory period can be generally recognized as being normal due to the lapse of the statutory period, it can be presumed that a debtor would waive his/her benefit with the knowledge of the completion of the statutory period when the debtor approved the obligation after the expiration of the statutory period. Therefore, the original judgment that held to that effect is just and without
Therefore, the appeal is dismissed. The costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by all participating judges.
Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro