대여금
1. The part against the plaintiffs, which orders payment under the judgment of the court of first instance, shall be revoked.
1. The reasons for this part of the facts of recognition are as follows: “G’s spouse” in Part 11 of Part 2 of Part 2 of the judgment of the court of first instance shall be “E’s spouse”; “Division from October 20, 2007 to October 20, 2007” in Part 17 of the judgment of the court of first instance shall be as follows: “Division from October 20, 2007 to 20,000 won each month”; “Witness E” in Part 3 of Part 2 of the judgment of the court of first instance shall be as stated in the part of “1. Basic Facts” in the reasoning of the judgment of the court of first instance except for the case where the witness E is respectively “E of the court of first instance.”
2. According to the above facts of recognition as to the cause of the claim, it can be acknowledged that the defendant agreed to the effect that the defendant would pay to G 50,000,000 won borrowed from G, together with the defendant, and barring any special circumstance, the defendant is liable to pay the above loan and damages for delay to the plaintiffs who are the heir of G.
3. Judgment on the defendant's defense
A. The defendant's defense of invalidation by coercion is alleged to the effect that each of the above parties of May 8, 2006 constituted no choice but to be null and void due to G's coercion. However, there is no evidence to acknowledge it. Thus, the defendant's defense is without merit.
B. 1) The defendant asserts that the period of extinctive prescription expires after the lapse of five years with commercial bonds. 2) First of all, it is reasonable to view that the plaintiffs' claims against the defendant pursuant to the respective written statement dated May 8, 2006, which the plaintiffs held against the defendant, have arrived at one million won each month from October 20, 2007. Thus, the extinctive prescription shall run from the day following the respective due date of payment.
3 The extinctive prescription period is not only a claim arising from an act of commercial activity for both parties, but also a claim arising from an act of commercial activity only for one of the parties, but also a commercial claim to which the five-year extinctive prescription period under Article 64 of the Commercial Act applies.