1. The plaintiff's claim is dismissed.

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

1. On December 5, 2004, the Plaintiff, while lending KRW 30 million to the Defendant, issued a promissory note consisting of the issuer, the Defendant, the par value of KRW 30 million, and the due date for payment, and received a notarized deed (No. 00539, 2004 by a notary public) on December 8, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant shall pay the Plaintiff the above loan amount of KRW 30 million, except in extenuating circumstances.

B. 1) The defendant's defenses that the defendant paid the full amount of the loan, but there is no evidence to prove the facts of the defense. 2) The defendant's defense that the extinctive prescription has expired.

The presentment for payment of a bill payable at sight shall be made within one year from the date of its issuance (Articles 77(1) and 34(1) of the Bills of Exchange and Promissory Notes Act), and if there is no lawful presentation within the said period, it shall be deemed that the payment has come due on the last day of the said period, and the statute of limitations for obligations of a bill shall run from that time on the last day of the said period (see, e.g., Supreme Court Decision 2007Da40352, Nov. 15, 2007). In this case, the above bill was issued on December 5, 2004, and as such, the due date on December 5, 2005, and three years after the expiration of the said period on December 5, 2008.

Furthermore, insofar as there is no assertion that there was an agreement on the expiration of the extinctive prescription of a loan claim, which is a underlying claim, and there is no proof that there was an agreement on the repayment date of the above loan, the above loan claim constitutes a claim with no fixed time limit, and thus, the said loan claim constitutes a claim with no fixed time limit, and thus, the extinctive prescription is terminated on December 5, 2012, which was ten years from December 5,

In addition, when the maturity of a promissory note is deemed to be the maturity date of a loan claim, the extinctive prescription is terminated on December 5, 2015 after the lapse of ten years from December 5, 2005.

However, the instant lawsuit (request for payment order) is clearly recorded on July 28, 2016, and thus, barring special circumstances.