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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the overall purport of the statements and arguments by Gap evidence Nos. 1 and 2 as to the cause of the claim, it is recognized that the plaintiff lent 24 million won (hereinafter "the loan of this case") to the defendant on November 25, 2003 as interest rate of 4.80,000 won (monthly 2%).
According to the above facts of recognition, the defendant is obligated to pay the loan and the agreed interest thereon or delay damages to the plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's defense
A. As to this, the Defendant asserts that the instant claim is subject to the ten-year extinctive prescription. Since the instant lawsuit was filed at the time ten years elapsed from October 29, 2005, which was the due date for the payment of the said claim, the instant claim had already been extinguished due to the completion of prescription prior to the filing of the instant lawsuit.
Therefore, according to the statement of the loan certificate No. 1 (the loan certificate of this case; hereinafter "the loan certificate of this case"), it is recognized that the maturity date of the loan of this case is " October 29, 2005".
However, the instant lawsuit is clearly recorded that it was filed on March 28, 2016 after the lapse of ten (10) years thereafter. As such, the statute of limitations for the instant loan claim has expired after the completion of the statute of limitations.
Therefore, the defendant's defense is justified.
B. As to this, the Plaintiff asserts to the effect that the date of maturity actually determined at the time of the preparation of the instant loan certificate is “.3 29, 2006,” and that the period of extinctive prescription has been interrupted by filing the instant lawsuit on March 28, 2016, which was before the lapse of ten years from the Plaintiff, because the Defendant had the desire to receive payment early from the Defendant, and the date of repayment of the loan certificate “. 29, 2005, 2005.” Thus, the starting point of the extinctive prescription should be from March 29, 2006, which is the date of actual repayment.
Therefore, the objective meaning of the language and text is to prepare in writing a disposal document between the parties.