1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the court’s determination as follows as to the grounds for extinctive prescription added by the defendant to the court of first instance.

2. The defendant asserts that the extinctive prescription period has expired since the ten years have passed since the date when the claim based on the loan certificate was made on February 23, 2008, counting from the date when the claim based on the loan certificate was made. The part of the claim (5 million won and 11.43 million won).

However, since the Defendant’s claim was based on the instant loan certificate prepared by settling the amount borrowed from the Plaintiff on September 6, 2009, the extinctive prescription of 10 years from September 6, 2009 shall run from September 6, 2009. Since it is apparent that the instant lawsuit was filed on October 2, 2018 prior to the lapse of 10 years thereafter, it cannot be deemed that the Plaintiff’s claim expired by prescription.

Therefore, the defendant's defense of extinctive prescription is without merit.

3. If so, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.