The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On June 5, 1998, the Plaintiff filed a lawsuit against the Defendant claiming a loan of KRW 4,000,000 (the loan amount of KRW 5,00,000 on June 5, 1998 and the loan amount of KRW 6,00,000 on a deposit basis, KRW 3446,00 on a deposit basis, KRW 3446,00,000 on a deposit basis, and the issue date of a promissory note as of June 5, 1998) against the Defendant on May 2, 2008, the Seoul Western District Court Decision 2008Da173553 (the application for a payment order as of June 5, 2008).

B. On January 20, 2009, the above court rendered a judgment that "the defendant shall pay to the plaintiff 4,000,000 won with 49% per annum from June 10, 1998 to December 18, 2008, and 20% per annum from the next day to the day of full payment" after serving a written notice of complaint and the date of pleading by public notice, and the above judgment became final and conclusive on February 13, 2009.

C. On September 27, 2019, the Plaintiff filed the instant lawsuit against the Defendant (the application for the payment order was transferred to the lawsuit) for the extension of the prescription period of the above final and conclusive payment claim.

[Ground of recognition] No dispute is raised, each entry in Gap evidence 2 through 5 (including paper numbers) and the purport of the whole pleading

2. The defendant asserts that the plaintiff's claim in this case for the extension of the prescription period of the final and conclusive payment claim against the loan to determine the defendant's claim for extinctive prescription has expired by the ten-year extinctive prescription.

The period of extinctive prescription of the claim established by the judgment is ten years (Article 165(1) of the Civil Act), and the plaintiff's lawsuit of this case (application for payment order) is clear in record that the lawsuit of this case was filed on September 27, 2019 by the Seoul Western District Court Decision 2008Gaso17353 decided on February 13, 2009 against the defendant and ten years passed since February 13, 2009. Thus, the plaintiff's claim for the final judgment on the above loan of this case was extinguished by the expiration of extinctive prescription.

3. The Plaintiff’s assertion on the waiver of the Plaintiff’s debt acceptance (e.g., waiver of extinctive prescription benefit) is only submitted.