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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
The reasons for the court's explanation of the summary of the case and the plaintiff's argument concerning this part are as follows: "Witness" was used as "Witness of the court of first instance"; and "The claim of this case was terminated by the prescription on July 31, 2009, when five years have elapsed from July 31, 2004, the due date for payment of the loan of this case. This part of the plaintiff's argument is reasonable." The part of "Except in special circumstances, the claim of this case was terminated by the prescription on July 31, 2009, when five years have elapsed from July 31, 2004, when the due date for payment of the loan of this case was due, until July 31, 2009," and "the summary of the case of 1.1" and "the judgment on the plaintiff's argument of 2.1" are as it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
The defendant's defense of the interruption of extinctive prescription against the defendant's defense was suspended because B approved the debt of the loan of this case before the expiration of the extinctive prescription period.
Judgment
In full view of the statements in Eul evidence Nos. 8 through 12 (including the number of branches), witness B and witness C of the court of first instance, each testimony of the witness C of the court of first instance, around January 1998, Nasan Construction Co., Ltd., a construction company of D apartment of Yangcheon-gu Seoul Metropolitan Government, constituted several buyers’ association by seeking measures related thereto. In the above several buyers’ association, the defendant was in charge of the head of the association, B, and the general director’s office, and the defendant and B were in charge of the above several buyers’ association on August 25, 2009 until the above several buyers’ association is liquidated through the general meeting of liquidation on August 25, 2009. The defendant requested that the repayment of the loan debt of this case would be made by B at that time, and the above associations could have requested that the liquidation committee be held at the plenary meeting and the qualifications for the members of the liquidation committee was held.