1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

The Plaintiff’s mother C borrowed KRW 50,000 from the Defendant on July 15, 2014 (hereinafter “instant loan”). C’s spouse D on the same day, prepared a certificate of loan to the Defendant on the same day.

On September 12, 2006, C’s spouse D completed the registration of the collateral security right of this case as the debtor D and the maximum debt amount, with the debt of this case as the secured debt, on the real estate of this case owned by the Plaintiff and owned by the Defendant in the future.

From May 2012 to August 2012, 200 won was deposited in the defendant's account in the name of C for four months.

(Reasons for Recognition) Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3 (including each number), witness D and C's testimony and the purport of the whole pleadings.

On September 12, 2005, Plaintiff D, by completing the registration of the instant collateral security on September 12, 2005, assumed the instant loan concurrently, and thereby, D and C were jointly and severally liable for the Defendant. Since the extinctive prescription of D’s debt was completed on September 12, 2015, the extinctive prescription period for D’s debt against Defendant was expired, the registration of the instant collateral security should be cancelled.

Defendant D, in the name of C from May 2012 to August 26, 2012, paid to the Defendant a sum of KRW 2 million as interest payment of the instant loan for four months from May 2012 to August 26, 2012, thereby approving Defendant D’s loan obligations to the Defendant.

Even if C paid the above money, it shall be deemed that C paid the debt on behalf of D within the scope of ordinary family life, and the C’s approval shall also be deemed to be effective for D who formed an economic community as his/her spouse.

Therefore, it shall be deemed that the statute of limitations had been interrupted until August 26, 2012, and the secured obligation of the instant mortgage registration was resumed. Therefore, the statute of limitations has not expired.

Judgment

The relationship between C and D with respect to the instant loan obligations.