대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments to Chapter 5 of the first instance court's decision at Chapter 4, the second instance court's decision is as stated in the first instance court's decision. Thus, the court's explanation as to this case is in accordance with the main sentence of Article 4
2. Additional matters to be determined;
A. Defendant’s assertion (1) The Plaintiff concluded a conditional payment agreement with the Defendant to transfer the real estate sales price claim to the Plaintiff, instead of the Defendant’s loans that the Defendant would have to pay to the Plaintiff when the real estate sales contract was cancelled through business agreements, assignment contracts, notification and consent of assignment of claims. As the sales contract was cancelled, the Defendant’s loan obligation against the Plaintiff was extinguished.
② The Plaintiff’s claim for loans against the Defendant was completed five years after December 10, 2009 and April 12, 2010, the date when the loan contract was concluded.
B. First of all, in a case where a claim is transferred to a creditor for the repayment of a debt to a creditor with respect to the claim, barring any special circumstance, the assignment of the claim shall be deemed not to be transferred in lieu of the repayment of a debt, but to be transferred by means of a security for the repayment of a debt or a repayment (see, e.g., Supreme Court Decision 89Meu10385, Feb. 13, 1990). The evidence presented by the defendant alone is insufficient to acknowledge that the plaintiff agreed to receive a claim for the return of the sale price under the pretext of the payment in substitution for the repayment of a debt with the defendant, and
(2) As to the assertion, the period of extinctive prescription shall proceed from the time when a right occurs objectively and the right can be exercised, and the corresponding claim, the period of final and conclusive, has expired.