1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. The court's explanation concerning this case is 3.B. of the judgment of the court of first instance.

3 This is the same as the reasoning of the judgment of the court of first instance except for the dismissal as follows, and this is also cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On this part, the plaintiff asserts that the defendant's defense of extinctive prescription is contrary to the principle of no speech.

The plaintiff's assertion as above is that the defendant denied the crime in the related criminal case, and the defendant's assertion of the completion of extinctive prescription is based on the recognition of the crime, so it is contradictory to each other, and thus is contrary to the principle of speech.

However, not only denying a crime in a criminal case but also without recognizing the establishment of a debt in a civil lawsuit, it is possible to make a preliminary defense of extinctive prescription, and it cannot be said that it is contrary to the doctrine of speech.

The plaintiff's assertion in this part is without merit.

In addition, the plaintiff asserts that the defendant's defense of extinctive prescription cannot be allowed as abuse of rights.

The exercise of the obligor’s right of defense based on the statute of limitations is governed by the principle of good faith and the prohibition of abuse of rights, which are the major principles of our civil law. Thus, where there are special circumstances, such as where the obligor, prior to the completion of the statute of limitations, has made it impossible or considerably difficult for the obligee to exercise his right or the interruption of prescription, has committed an act to make such an act deemed unnecessary, has objectively obstructed the obligee from exercising his right, or, at the same time, has shown the same attitude that the obligor would not invoke the statute of limitations after the completion of the statute of limitations, let the right holder trust it, need to protect the obligee, and other creditors under the same conditions receive the repayment of the obligation, etc., making it considerably unfair