beta
Text
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. In full view of the purport of the argument in Gap evidence No. 1, the court below held on October 28, 2004 that "the defendant shall pay to the plaintiff 5,00,000 won and 20% interest per annum from July 23, 2004 to the date of full payment" (hereinafter referred to as "the judgment of the court below"), and the judgment of the previous suit becomes final and conclusive on November 23, 2004 by the court below.
2. Determination
A. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay the plaintiff 5 million won with 20% interest per annum from July 23, 2004 to the day of complete payment for the purpose of extending the extinctive prescription period of the claim based on the judgment in the prior suit and the defendant is obligated to pay the plaintiff 5 million won with 20% interest per annum from July 23,
B. The Defendant’s defense was raised on October 28, 2004, which was the date when the Plaintiff’s lawsuit of this case was rendered judgment on October 10, 201, and the ten-year extinctive prescription has expired. As such, the Plaintiff’s claim of this case is a defense as to the claim already extinguished by extinctive prescription.
In light of the foregoing, the extinctive prescription of a claim established by a judgment is ten years (Article 165(1) of the Civil Act), and the period of prescription suspended due to a judicial claim is new from the time judgment becomes final and conclusive (Article 178(2) of the Civil Act). The fact that the judgment in the prior suit became final and conclusive on November 23, 2004 is as seen earlier, and the fact that the instant lawsuit was filed on November 10, 2014, prior to the elapse of ten years thereafter is apparent in the record, and thus, the extinctive prescription of a claim based on the judgment in the prior suit by the Plaintiff is deemed to have been interrupted due to the instant lawsuit.
Therefore, the defendant's defense is without merit.
3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is without merit.