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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Defendant, on November 21, 1991, issued and delivered to the Plaintiff a promissory note with the face value “38,834,000 won”, “Plaintiff”, and “date of payment” (hereinafter “instant promissory note”) and the fact that the Defendant remitted KRW 100,00 to the Plaintiff via Party C, a branch of February 8, 2013, does not have any dispute between the parties.
2. The allegations and judgment of the parties
A. The Plaintiff’s assertion is that the Defendant, the issuer of the Promissory Notes, paid only KRW 100,000,000,000,000.
In this regard, the Defendant asserts that the extinctive prescription of the instant promissory note has already expired, and that the Plaintiff renounced the benefit of extinctive prescription since the Defendant paid KRW 100,000 to the Plaintiff on February 8, 2013, which was after the extinctive prescription
B. Determination 1) The claim on a promissory note against the issuer is complete if it is not exercised within three years from the maturity (Article 77(1)8, Article 70(1), and Article 78(1) of the Bills of Exchange and Promissory Notes Act). However, the maturity of the Promissory Notes was November 27, 191, and three years have elapsed since it was filed on July 25, 2014, the Plaintiff’s claim on the Promissory Notes terminated by prescription. (2) Moreover, the recognition of the obligation as a ground for the waiver of the benefit of extinctive prescription is possible in an implied manner as there is no restriction in the manner indicated. However, the interpretation of whether there is an expression of intent to that effect is established by expressing the obligee’s awareness of the existence of the obligation against the obligee. In full view of the act indicated, the content, motive and circumstance of the expression of intent, the purpose and genuine intent of the parties by the declaration of intent, etc., and thus, in accordance with the logical and empirical rules and social norms.