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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Determination as to loan claims
A. The plaintiff's assertion that the defendant settled a total of KRW 70,000,000,000,000 for the loan and interest, and the investment in the purchase of land in Pyeongtaek-gun, Chungcheongnam-gun, Chungcheongnam-do. The defendant agreed with the plaintiff to pay KRW 500,00 per month from January 2006 to the end of 2005 for the above loan principal. The defendant did not pay the above loan at all until now.
The defendant is obligated to pay the plaintiff KRW 500,000 per month from January 2006 to the plaintiff in accordance with the above agreement.
B. Determination 1) As to the cause of claim, the Defendant: (a) between the Plaintiff on February 6, 2004 and the Plaintiff; (b) KRW 35,000,000 out of KRW 70,000,000, which the Defendant failed to repay to the Plaintiff; and (c) until the end of 2004, the remainder of KRW 35,000,000 shall be repaid to the Plaintiff by the end of 2005; and (d) if the Defendant is unable to repay to the Plaintiff, the Defendant agreed to pay each of the above KRW 35,00,000,000 each month from January 2, 2006 to the end of 140, and until the end of 2005, not paying the Plaintiff KRW 35,00,000 as a whole, or can be recognized by comprehensively taking account of the entries in subparagraph 1 and the purport of oral proceedings. Therefore, the Defendant is obliged to pay the Plaintiff the above loan not exceeding KRW 50,0,0.
2) As to the Defendant’s defense, the Defendant’s defense is examined since the Plaintiff’s claim for the instant loan became extinct due to the completion of prescription.
As to the instant loan claims, the ten-year statute of limitations under Article 162(1) of the Civil Act shall apply, and in light of the facts recognized earlier, the monthly maturity of the instant loan claims shall be the end of each month, since there is no special provision regarding the monthly maturity of the instant loan claims. Accordingly, the Plaintiff’s repayment period of the instant loan claims shall be the same.