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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court's explanation concerning this case is as follows: (a) the court of the first instance 5th 7th 7th son of the first instance judgment "(c) loan claim" (the ground of the plaintiff's claim in this part is that the defendant must pay money to the plaintiff according to the agreement of each letter of contract in this case); and (c) the above "claim for Contract Payment" clause is the same as the reasoning of the first instance judgment, except for adding the judgment in paragraph (2) below to the new argument of the defendant in this court, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The summary of the Defendant’s assertion 1) did not have borrowed money from the Plaintiff, and each of the instant statements was prepared at the Plaintiff’s request to prepare a performance note equivalent to the amount that the Defendant did not supply out of the amount of goods paid by the Plaintiff to the Defendant. However, as the Defendant provided goods more than the amount of goods paid by the Plaintiff to the Plaintiff, it is not obligated to pay KRW 20,80,000 to the Plaintiff. 2) The Plaintiff’s claim on each of the instant notes falls under “the price of goods and goods sold by the producer and merchant” under Article 163 subparag. 6 of the Civil Act and thus, the short
Even if the above bonds are claims with indefinite maturity and the arrival of uncertain facts is deemed the maturity date, the Plaintiff could exercise his/her right from August 13, 2012, when the right was created, which was the time when the right was created, and thereafter, filed the instant lawsuit on October 28, 2015. Thus, the Plaintiff’s claim expired by prescription.
B. Determination 1: (a) the Plaintiff did not lend money to the Defendant as alleged by the Defendant; and (b) even if the Plaintiff promised to return the money paid to the Defendant and the instant letter was made, the Defendant shall pay the money to the Plaintiff in accordance with the instant letter.