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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. The Plaintiff, on March 11, 2009, lent KRW 20,000,000 to the Defendant on the same day without interest.
(hereinafter the loan of this case). 【No dispute exists, Gap evidence No. 1 (which is clear and acceptable as to the contents of the loan of this case), the purport of the whole pleadings.
B. Of the instant loans, the Plaintiff is obligated to pay KRW 1,00,000 each from the Defendant on September 21, 2017 and February 14, 2018; KRW 600,000 on November 13, 2017; KRW 500,000 on December 8, 2017; and KRW 500,000 on January 15, 2018 and November 9, 2018; and KRW 300,400,000 on June 5, 2019; and the Defendant is obligated to pay the Plaintiff the remainder of the loans, 15,600,000, and damages for delay as sought by the Plaintiff, barring any special circumstances.
2. Judgment on the defendant's defense of extinctive prescription
A. The defendant asserts that the loan claim of this case was extinguished by prescription.
B. The Plaintiff’s lawsuit of this case is clearly accepted by the Defendant’s aforementioned defense, since it is apparent that the lawsuit of this case was filed on August 29, 2019, which was ten years after the date of repayment of the loan of this case.
3. Judgment on the plaintiff's second defense for the interruption of extinctive prescription
A. As the Plaintiff was the person in the above Paragraph 1-B, the purport of the argument is that the Defendant paid part of the instant loan to the Plaintiff, which can be deemed to have recognized the Plaintiff’s loan claims. This part of the payment constitutes grounds for suspending extinctive prescription under Article 168 subparag. 3 of the Civil Act.
B. Although the judgment of the plaintiff is the same as the above Paragraph 1-B, it is true that the plaintiff's assertion that the defendant partially repaid the loan of this case to the plaintiff merely because the plaintiff was the person.