청구이의
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 that the defendant’s assertion is insufficient to recognize the defendant’s assertion, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. As the Defendant’s assertion B died on March 2, 2016, C was the legal representative of the Plaintiff, not the deceased’s adult guardian, and C attempted to find the Defendant and adjust the amount of debt on January 5, 2017, and finally, agreed to adjust the total amount of debt including interest at KRW 30,000,000, which is the legal representative of the deceased B, not the deceased’s adult guardian. This is the waiver of the extinctive prescription benefit or ratification of the debt of this case.
B. An obligor who is entitled to one-way extinctive prescription benefit may waive the extinctive prescription benefit after the expiration of the extinctive prescription period, and this is an expression of intent to not receive legal benefit due to the completion of the extinctive prescription.
In addition, the determination of whether there is an expression of intent to waive such benefit of prescription should be made objectively and reasonably in accordance with logical and empirical rules and the common sense of society, by comprehensively taking into account the contents, motive and background of the act or expression of intent, the purpose and genuine intent of the parties to achieve by expressing their intent, etc., and in accordance with social justice and equity principles.
In addition, the recognition of the obligation as the cause of interruption of the extinctive prescription is established by the notification of the so-called concept that is established by the obligor who is the party who is the party who is the party who is the benefit of prescription and by indicating that the obligor is aware of the other party's right or his obligation to the person who is
On the contrary, the obligor who receives the benefit of prescription may receive the waiver of the benefit of prescription after the completion of prescription.