대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. On February 20, 1997, the plaintiff filed a lawsuit against the defendant for a loan claim with Busan District Court Dong Branch 96 Ghana5873, and on February 20, 1997, the above court rendered a judgment that "the defendant shall pay to the plaintiff 5 million won and 24% interest per annum from March 27, 1996 to the day of full payment" (hereinafter "the judgment of this case"). The above judgment became final and conclusive on March 22, 1997.
[Ground of recognition] A without dispute, significant facts in this court, entry of Gap evidence 1, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 5,000,000 and damages for delay, unless there are special circumstances.
3. The defendant's assertion argues that even if the plaintiff's loan claims against the defendant are recognized, the plaintiff's claim has expired due to the expiration of the statute of limitations.
On the other hand, it is reasonable to view that the above loan obligation is treated as a debt without a fixed time limit in determining the completion of the statute of limitations unless there is any assertion or proof as to the due date, and that the statute of limitations will run from the date of establishment thereof, and even if the due date is determined, the statute of limitations will run at the latest from the date when the judgment of this case became final and conclusive. Since it is apparent in the record that the above loan obligation was raised on March 10, 201, more than 10 years ago from March 22, 1997 when the said judgment became final and conclusive, the above loan obligation was already extinguished before the filing of the instant lawsuit.
Therefore, the defendant's defense pointing this out is with merit.
As to this, the plaintiff paid interest prior to the expiration of the extinctive prescription period, and agreed to pay the principal and interest in December 2007.