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1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.
Reasons
1. Determination on the cause of the claim
A. According to the overall purport of evidence Nos. 1 and 2-1 through 17, while the Plaintiff filed a criminal complaint against the Defendant on suspicion of fraud, etc., the Plaintiff and the Defendant on Nov. 21, 2008 that “in relation to the suspected case of fraud, etc., the Defendant shall pay to the Plaintiff KRW 250,000,000 among them, and the remaining KRW 50,000,000 among them shall be paid until December 21, 2008, and the Plaintiff shall not want to punish the Defendant, but shall submit a letter of revocation of the complaint.”
B. According to the above facts, with respect to KRW 250,00,000 and KRW 160,00,000,000 which the Plaintiff claimed as a partial claim by the first instance court, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 250,000 from December 22, 2008 to October 28, 2019, which is the day following the first payment period, to October 30, 2019, the delivery date of the application for change of the purport of the claim and the cause of the claim, which is the day following the first payment period, for KRW 40,000,000 among the claims expanded by the court, from February 22, 2008 to February 10, 2020, which is the day on which the petition of appeal is served, 200,000 per annum from the day following the due date to 20,000 per annum of each lawsuit prescribed by the Civil Act.
2. Judgment on the defendant's assertion of extinctive prescription
A. The defendant asserts that the statute of limitations has expired since 160,000,000 won claimed by the plaintiff as a part of a claim explicitly, was expired since 3 years have passed since the plaintiff became aware of the claim, and 10 years have passed since the date of the tort.
B. The Plaintiff asserted the agreed amount as one of the causes of the claim. The claim of the above 160,000,000 is due and ten years have passed since December 21, 2008.