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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. On November 25, 2005, the Plaintiff lent the amount of KRW 10 million to the Defendant on November 25, 2005 at the maturity of payment on January 25, 2006 and at the rate of 60% per annum. The fact that D guaranteed the Defendant’s debt owed to the Plaintiff does not conflict between the parties.
Therefore, barring any special circumstance, the defendant is jointly and severally liable with D to pay the above loan of KRW 10 million to the plaintiff and the interest or delay damages as claimed by the plaintiff within the scope of the maximum interest rate under the Interest Limitation Act.
2. Judgment on the defendant's defense, etc.
A. The defendant's assertion of the extinctive prescription for commercial matters is that the plaintiff is a person who operates a business and is a merchant, and thus, the above loan claims were extinguished by five years after the extinctive prescription for commercial matters was applied. However, the evidence submitted by the defendant alone is insufficient to find the fact that the plaintiff is a merchant operating the bonds as a business, and there is no other evidence to find
B. 1) The Defendant asserts that the instant lawsuit was filed on July 29, 2017 after the date of repayment of the above loan claim, which was ten years from July 20, 2007, and the date of the final repayment to the Plaintiff, and that the above loan claim became extinct by prescription. 2) First, as to the initial date of the statute of limitations of the above loan claim, the Defendant made a statement in the reply from the first instance court to May 15, 2018, as to the initial date of the statute of limitations, as to the date of payment of the above loan claim, “the Defendant made a statement from the first instance court to the Plaintiff as of February 16, 2006, KRW 30 million on March 30, 206, KRW 200 million on April 26, 2006, KRW 320 million on June 20, 2006, KRW 1.5 million on July 208, 2007.”
The starting date of the extinctive prescription for the death shall be the obligation.