1. The plaintiff's claim is dismissed.

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

Plaintiff’s assertion

The summary of the decision was that the Plaintiff lent KRW 52,170,000 to the Defendant by account transfer, KRW 16,700,000 in cash, and KRW 27,380,000 in cash through the Plaintiff’s husband C.

Therefore, the Defendant is obligated to pay the Plaintiff a total of KRW 96,250,000 (= KRW 52,170,000) KRW 16,700,000,000). The Plaintiff seeks payment of KRW 75,00,000 among the claims against the Defendant.

Judgment

Comprehensively taking account of the overall purport of the pleadings as to the money paid by the Plaintiff to the Defendant from May 31, 199 to February 26, 200, it is recognized that the Plaintiff lent KRW 52,170,000 to the account transfer without setting the due date for payment, and KRW 16,70,000 in cash to the Defendant.

In regard to this, the defendant's defense that the above loan claim has expired by the prescription period, and as seen earlier, the right holder can claim at any time in the case of a right that is not specified by the due date. Therefore, it is reasonable to deem that the prescription period runs from February 26, 2000 when the plaintiff paid money to the defendant. The plaintiff's lawsuit in this case is clearly stated in the record that the lawsuit in this case was filed on September 5, 2017, which is ten years after the above lawsuit in this case was filed. Thus, the above claim in this case had already expired by the prescription period prior to the filing of the lawsuit in this case. Thus, the defendant's defense is justified.

Therefore, it is difficult to accept the Plaintiff’s claim on this part.

As to the money paid by the Plaintiff’s husband to the Defendant, in full view of the purport of the entire argument in Gap evidence No. 3, it is recognized that the Plaintiff’s husband paid KRW 27,380,000 in cash to the Defendant from February 17, 1998 to December 15, 199, but there is no evidence to acknowledge that the said money was leased to the Defendant by the Plaintiff.

Therefore, it is difficult for the Plaintiff to accept this part of the claim.

The plaintiff's claim of this case is dismissed.