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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff lent KRW 30 million to the Defendant around December 1994, and received a promissory note with the payment deadline as of April 30, 1995 (hereinafter “instant Promissory note”) issued by the Defendant for the purpose of lending KRW 30 million to the Defendant.
B. The Plaintiff presented the bill of this case to the Defendant at the date of payment, but upon the refusal of payment, the Plaintiff urged the Defendant to pay the bill of this case. The Defendant issued the bill of this case to the Plaintiff, “The bill of this case was issued to the Plaintiff on October 28, 1995, the par value of KRW 30,000,000, the payment date of which was January 31, 1996, and the Defendant’s issuer (“the bill of this case”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay 30 million won and delay damages to the plaintiff, except in extenuating circumstances.
B. The defendant's defense of extinctive prescription is proved to have expired by the statute of limitations as to the amount of the bill of this case and the amount of the bill of this case and the loan claims.
First, according to Articles 77(1)8 and 70(1) of the Bills of Exchange and Promissory Notes Act, the period of extinctive prescription against the issuer of the Promissory Notes is three years from the maturity date. According to Article 77(1)8 of the Bills of Exchange and Promissory Notes Act and Article 70(2)2 of the Bills of Exchange and Promissory Notes Act, the right to claim against the endorser is effective one year from the maturity date. The due date of the Promissory Notes is April 30, 1995. The fact that the due date of the Promissory Notes was January 31, 1996 is clear that the Plaintiff’s lawsuit was filed on May 21, 2015 after the lapse of 19 years from the maturity date. Thus, the Plaintiff’s right to claim against the Defendant on the Promissory Notes and the Promissory Notes was already effective prior to the filing of the lawsuit.