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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. According to the purport of Gap evidence Nos. 1 and 3 through 5 of the judgment as to the cause of the claim and the whole arguments, it is acknowledged that the plaintiff loaned 60 million won to the defendant on Nov. 8, 2002 upon the request of Dong-in, Dong-in, and the defendant on Dec. 28, 2004, the plaintiff paid 70 million won in total plus 10 million won as interest, plus 10 million won as interest, and paid interest equivalent to the bank interest rate on the above money from Jan. 1, 2005 to Jan. 1, 2005. The plaintiff has been paid 3.2 million won from the next day after the date of the plaintiff through Dong-in, through Dong-in, by November 1, 2002. Unless there are special circumstances, the defendant is obligated to pay 60 million won as to the remainder of loan loans and 6.6.8 million won as well as damages for delay calculated on Nov. 15, 2005.
2. Judgment on the defendant's defense of extinctive prescription
A. The Defendant asserts that the Plaintiff’s above loan claim against the Defendant had already expired due to the expiration of the extinctive prescription prior to the filing of the instant lawsuit, and thus, it shall be deemed that the Defendant approved his/her obligation by preparing the above agreement on December 28, 2004. Therefore, the extinctive prescription of the above loan claim shall run from December 28, 2004 at least, and it is apparent that the Plaintiff applied for the instant payment order on August 3, 2015 after the lapse of 10 years from the filing of the instant lawsuit. Accordingly, the above loan claim had already expired prior to the filing of the instant lawsuit.
B. As to this, the Plaintiff re-appeals that the extinctive prescription was interrupted by the Defendant’s repayment of KRW 3.2 million via C before the expiration of the extinctive prescription period. Thus, the Plaintiff’s evidence No. 2 as seen earlier is based on each of the aforementioned evidence.