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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff leased a total of KRW 100 million from February 1996 to April 1996 (hereinafter “instant loan”) to the Defendant, who operates the Korean-style store business in the name of “C” (hereinafter “C”).
B. On March 2, 200, the Defendant issued a promissory note with a face value of KRW 100 million at the Plaintiff, the payee, the place of issuance, and the place of payment, Seoul, the date of issuance, and the date of payment on March 2, 2000 (hereinafter “the Promissory Notes”). On July 18, 2000, a notary public prepared a notarized deed of promissory note No. 201, 200, in order to secure the obligation of the instant loan, and issued it to the Plaintiff.
C. On February 1, 2011, the Plaintiff began to request the Defendant to repay the instant loan, and on August 7, 2013, sent a content-certified mail to the Defendant demanding the repayment of the instant loan by August 16, 2013, and the said content-certified mail reached the Defendant around that time.
Around July 2, 2018, the Plaintiff filed an application for the specification of the instant asset with the title to execute the instant promissory note No. 2018Kao21325 with respect to the Defendant, and the said court rendered a decision on July 4, 2018 to specify the property.
[Ground of recognition] Facts without dispute, Gap evidence 2, 4, 8, Eul evidence 1, the purport of the whole pleadings
2. The facts acknowledged prior to the determination of the cause of claim are that the Plaintiff received reimbursement of KRW 56.5 million from the Defendant out of the instant loan. Thus, barring any special circumstance, the Defendant is liable to pay the remainder of the loan amounting to KRW 43.5 million and delay damages therefrom to the Plaintiff.
3. Judgment on the defendant's assertion
A. The Defendant’s assertion that the instant loan obligation constitutes a commercial obligation and thus, the five-year extinctive prescription has expired. The instant promissory note loan obligation is the obligation.