beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The plaintiff asserts that on July 18, 2003, the plaintiff lent 10,000,000 won to the defendant on the due date for payment on August 25, 2003 and 2% of interest per annum, and the defendant paid 1,00,000,000 won as interest or delay damages from July 19, 2003 to December 18, 2003, the defendant must pay to the plaintiff the above loan amount of KRW 10,000,000 as well as delay damages calculated at the rate of 24% per annum from December 19, 2003.
On July 18, 2003, the defendant did not lend 10,000,000 won to the defendant on July 18, 2003.
The plaintiff asserts that the loan claims against the defendant were extinguished by prescription.
2. Determination
A. According to the statement in Gap evidence No. 1, it is recognized that the defendant prepared and kept the cash custody certificate stating that "I will keep the daily amount of KRW 10,000,000 on July 18, 2003 to August 25, 200 (hereinafter "the cash custody certificate of this case") to the plaintiff on July 18, 2003."
However, comprehensively taking account of the respective descriptions in Gap evidence Nos. 2, 6, 8, 9, 14, and 15 (including additional numbers) and the purport of the entire pleadings in this court, C sent a document verifying the contents of demanding the payment of loans stated in the cash custody certificate of this case to the defendant from around 2004 or delegated the collection of the above claims to a claims collection agency, C filed a loan claim lawsuit (Seoul East Eastern District Court 2005Gaso7256) against the defendant around 2005 against the defendant and received the judgment in favor of the defendant, around 2015, the defendant filed a subsequent appeal (Seoul East East East District Court 2015Na6038) against the above judgment of the first instance court and received a judgment dismissing both the plaintiff's primary claim and the conjunctive claim (the preliminary claim and the acquisition amount). CAA's appeal (Supreme Court 2016Da298160, Aug. 1, 2016).