All of the plaintiff's claims are dismissed.

1. In full view of the purport of the entire pleadings as to the entries in the evidence Nos. 1 and 3 (the part in the name of Defendant B) to which the authenticity is established based on the result of the written appraisal by an appraiser D, the Defendants are married with each other. The Plaintiff is a married couple, and the Plaintiff loaned KRW 40,000,000 to the Defendants on January 1, 1992, and the Plaintiff extended KRW 40,000 to the Defendants on January 1, 1992, and the Defendants paid KRW 10,000,000 to the Plaintiff around 195, and there is no counter-proof.

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the above loan amounting to KRW 30,000,000 (=40,000,000-10,000) and damages for delay.

3. The defendants' defense defenses that the above loan claim had expired by the statute of limitations. Thus, the statute of limitations of the above loan claim should run from the following day after the defendants' repayment (not later than 1995). On the record that the lawsuit of this case was filed on November 27, 2015 after the lapse of 10 years from the filing date of the lawsuit of this case, and the above loan claim has expired by the statute of limitations after the expiration of 10 years from the filing date of the lawsuit of this case. Thus, the defendants' defenses are justified.

4. The plaintiff's second defense is re-appellanted that the defendant B renounced the benefit of prescription by paying the interest amount of KRW 2,00,000 to the plaintiff after the completion of the above extinctive prescription.

As an active and unilateral declaration of intent to waive the prescriptive benefit, the determination of whether there exists an expression of intent to waive the prescriptive benefit is in line with logical and empirical rules, and the common sense of society in line with the ideology of social justice and equity by comprehensively examining the act indicated, the contents, motive and circumstance of the expression of intent, the purpose and genuine intent to achieve by the parties’ declaration of intent, etc.