Main Issues

Where existing debts are approved, the additional point of extinctive prescription;

Summary of Judgment

The contract that reduces part of the existing debt amount and pays interest on the remainder by adding interest to it is a quasi-loan contract, and this contract is deemed to include the approval of the debt. The extinctive prescription will run again from this point.

[Reference Provisions]

Article 168 of the Civil Act

Plaintiff, Appellant

Plaintiff 1 and one other

Defendant, appellant and appellant

Defendant

Judgment of the lower court

Gwangju District Court of the first instance (64 A. 99)

Text

The appeal is dismissed.

Purport of appeal

The judgment of the court below shall be revoked.

Purport of claim

The defendant, from December 20, 1962 to the full payment of KRW 110,00 to the plaintiffs, and from December 20, 1962 to the full payment of KRW 20 per annum, applies for a judgment and a declaration of provisional execution.

Reasons

The facts that the plaintiff 1 has claims against the defendant for food costs from August 1960 to October 10 (the defendant asserts that the amount would be 24,205 won, unlike the following recognition) are not disputed between the above parties, Gap evidence 1, Eul evidence 2 (written statement) which can be established by the non-party 1's testimony (1,2) and Eul evidence 1, and the purport of the non-party 2's testimony and the arguments by the non-party 1 (1,2) are not consistent with the above 10-year statute of limitations, and it is difficult to accept the defendant's assertion that the non-party 1's claim against the non-party 3's non-party 1's non-party 1's non-party 3's non-party 1's non-party 1's non-party 4's non-party 1's non-party 2's non-party 1's non-party 1's non-party 3's non-party 1's non-party 1's non-party 2's defense.