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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 6 of basic facts (including each branch number, if any) and the purport of the whole pleadings, the plaintiff may recognize the fact that the plaintiff lent KRW 10,000,000 to the defendant on September 1, 199 as the due date for repayment on December 31, 200 and lent KRW 3,200,000 on June 30, 200 as the due date for repayment on December 31, 201.
2. The Plaintiff filed a claim against the Defendant for the payment of the balance of each of the above loans, and on the other hand, the Defendant asserted that the claim sought by the Plaintiff has expired due to the completion of the statute of limitations. As seen earlier, the fact that the maturity period of each of the above loans was December 31, 200 and December 31, 201 is the same as seen earlier, and it is apparent that the instant lawsuit was filed on July 16, 2014, which was ten years after the lapse of the said statute of limitations. As such, each of the above claims was completed and terminated prior to the filing of the instant lawsuit.
On September 17, 2004 and December 27, 2005, the Plaintiff asserted that the statute of limitations was interrupted due to each of the above loans claims. However, inasmuch as there is no proof of any assertion as to whether the “retirement” of a claim constitutes one of the grounds for the interruption of the statute of limitations under each subparagraph of Article 168 of the Civil Act, the above assertion is rejected without any justifiable reason, as there is no need to examine further.
3. Thus, the plaintiff's claim against the defendant is dismissed as it is without merit. Since the part against the defendant in the judgment of the court of first instance is unfair as it is concluded differently, the plaintiff's claim against the defendant is revoked and dismissed as it is so decided as per Disposition.