1. Revocation of a judgment of the first instance;

The plaintiff's claim is dismissed.

2. The total cost of a lawsuit shall be borne individually by each party.

purport.

1. In full view of the purport of the statement of evidence No. 1 and the entire argument, it is recognized that the Defendant received a loan from the Plaintiff on October 17, 1992 by setting the due date for repayment of KRW 10,000,000 from the Plaintiff, while operating the treatment electronic agency on October 17, 1991.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 10,000,000 and damages for delay from October 18, 1992.

2. The Defendant’s claim on the Defendant’s defense of extinctive prescription is subject to the five-year extinctive prescription that arose from a commercial activity.

However, the fact that the plaintiff filed the lawsuit in this case on December 15, 2004 after five years from October 17, 1992, which was the due date for the above loan claim, is clear in the record.

Therefore, since the above loan claim had already expired before the lawsuit of this case was filed, the defendant's defense pointing this out has a ground.

3. As such, the plaintiff's claim is dismissed due to the lack of grounds, and the judgment of the court of first instance is unfair with different conclusions, so the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.