대여금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to the evidence Nos. 1 and 2 of the facts of recognition, the creditor, the debtor, and the amount of the loan that the plaintiff holds is KRW 5 million, and the debtor's name and the amount of the application are affixed to the defendant, and the defendant's seal is affixed to the defendant's resident registration certificate, and a copy of the defendant's resident registration certificate is attached to it.
2. Judgment on the parties' arguments
A. Both claims asserted that the Defendant agreed to borrow KRW 4,500,000 from the Plaintiff on June 26, 1998 to repay KRW 5,000,000 to the Plaintiff after one month. Thus, the Defendant is liable to pay KRW 5,00,000 to the Plaintiff for delay.
On June 26, 1998, the defendant borrowed KRW 1,00,000 from the plaintiff and repaid it on July 25, 1998, and did not borrow KRW 4,500,000 or KRW 5,000,000 from the plaintiff. The plaintiff unilaterally changed to "five million," and even if the defendant borrowed KRW 4,50,000 or KRW 5,000 from the plaintiff, the plaintiff's loan claim against the defendant was extinguished by prescription.
B. (1) The Plaintiff bears the burden of proving that: (a) the Defendant borrowed KRW 4,500,000 from the Plaintiff; and (b) the Defendant agreed to repay KRW 5,00,000 including the above borrowed money after one month; (c) there is insufficient evidence to acknowledge the Plaintiff’s each of the evidence Nos. 1 and 2 submitted by the Plaintiff; and (d) there is no other sufficient evidence or circumstance to acknowledge it.
(2) Even if the Defendant borrowed KRW 4,500,000 from the Plaintiff, the period of extinctive prescription is ten years for the Plaintiff’s loan claims against the Defendant. The instant lawsuit was filed on June 26, 1998, which was the date on which the Plaintiff borrowed the loan. < Amended by Presidential Decree No. 15835, Jul. 1, 1998>