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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. On the grounds of appeal as to the claim for judgment of this case, the court below decided that the claim of this case, which the plaintiff sought, had already expired, and rejected the plaintiff's assertion on the ground that the plaintiff's second defense that the defendant renounced the prescription benefit after the expiration of the extinctive prescription period, was recognized as having received some of the money in the procedure for compulsory auction of corporeal movables with the judgment of this case as an executive title after the expiration of the extinctive prescription period, but in light of the circumstances as stated in its reasoning, the defendant pointed out that there was a problem in the judgment of this case before and after the execution of the above corporeal movables, and raised an objection against the above corporeal movables,
In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal principles on the interpretation
2. As to the grounds of appeal on a loan claim, the lower court acknowledged the fact that the Plaintiff remitted a total of KRW 3.5 million to the Defendant, but in light of the circumstances as indicated in its reasoning, it is insufficient to recognize the said money as the money in the name of the loan, and dismissed the Plaintiff’s loan claim on the ground that there is no other evidence to acknowledge it.
In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there are no errors in violation of logical and empirical rules and free evaluation of evidence.
3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided by the assent of all participating Justices.