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(영문) 대구지방법원 2016.09.13 2016가단20906
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On January 1, 1990, the Plaintiff leased KRW 100,000 to the Defendant with the maturity of three months (by April 30, 1990) after the lapse of three months (by April 30, 199), and received reimbursement of KRW 20,00,000 among them. Therefore, the Plaintiff sought payment of the remaining loans to the Defendant.

On June 9, 2015, the defendant made and delivered a written confirmation (Evidence A 1) confirming the existence of the above loan obligation to the plaintiff on June 9, 2015.

B. Although the Defendant acknowledged the Defendant’s lending of money from the Plaintiff, the Plaintiff’s above lending claim against the Defendant had already expired due to the flow of 26 years.

On June 9, 2015, the defendant prepared and delivered the evidence No. 1 (written confirmation) to the plaintiff on June 9, 2015, but did not have any intention to waive the prescription benefit.

2. The recognition of an obligation as a ground for interrupting extinctive prescription is established by the so-called “notification of concept” that is established by the obligor, who is the party to the extinctive prescription benefit, knows that the obligor is aware of the other party’s right or obligation to the person who is the party to the claim would lose due to the completion of extinctive prescription.

On the contrary, in order to recognize waiver of the benefit of prescription after the completion of the statute of limitations, the debtor to receive the benefit of prescription requires the intent of an effect that the debtor would not receive the legal benefit from the completion of the statute of limitations, so there was the approval of the debt corresponding

Even if so, it cannot be readily concluded that there was an expression of intent to waive the benefit of extinctive prescription immediately.

(see Supreme Court Decision 201Da21556, Feb. 28, 2013). Determination as to whether there exists an expression of intent to waive the statute of limitations interest is based on social justice and equity by comprehensively examining the substance, motive and circumstance of the act indicated and the declaration of intent, the purpose and genuine intent of the parties to achieve by the declaration of intent, etc.

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