1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. A. Around January 2006, the Plaintiff lent KRW 10,000,000 to the Defendant and determined the due date on April 2006, which was three months after the due date.

(hereinafter “instant loan agreement”). (b)

The Defendant paid the Plaintiff total of KRW 100,000 on February 6, 2006, KRW 100,000 on March 6, 2006, KRW 100,000 on May 2, 2006, KRW 100,000 on August 2, 2006, KRW 100,000 on September 1, 2006, KRW 100,000 on September 1, 2006, KRW 100,00 on November 20, 2006, KRW 10,000 on January 3, 207, KRW 100,00 on March 5, 2007, KRW 10,000 on September 13, 2007, KRW 1000 on September 10, 207, KRW 100 on October 10, 207, etc.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the above KRW 10,000,000 to the plaintiff, unless there are special circumstances.

B. Since the Defendant’s defense that the obligation under the instant loan agreement has expired by prescription, it is apparent in the record that the Plaintiff filed the instant lawsuit on August 24, 2018 after the lapse of 10 years from April 2006, the due date under the instant loan agreement, and thus, the said obligation has expired by prescription.

Therefore, the defendant's defense is justified.

C. As to this, the Plaintiff made a statement to the Plaintiff on November 30, 2018 and December 1, 2018 to the effect that the Defendant’s East C would pay the above debt by telephone. On the date of the first instance trial, the Defendant made a statement to the effect that “the Defendant’s East C would pay the above debt by telephone to the Plaintiff.” This is the Defendant’s recognition of the Defendant’s debt, and the Defendant’s assertion that the statute of limitations has been suspended or the Defendant would waive the statute of limitations benefits.

The determination of whether there is an expression of intent to waive the prescription interest or an expression of intent that an obligor who is entitled to receive the prescription benefit would not receive any legal benefit due to the completion of the statute of limitations after the completion of the statute of limitations is indicated.