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(영문) 전주지방법원 2020.01.31 2018나9145
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff extended a total of KRW 18 million to the Defendant on several occasions (hereinafter “instant loan”). On March 21, 2008, the Defendant was obligated to pay the Plaintiff the instant loan and the damages for delay, on the ground that: (a) written a loan certificate stating that “the Plaintiff borrowed KRW 18 million from the Plaintiff, and would pay KRW 150,000,000,000 by the 25th day of each month” (hereinafter “the instant loan certificate”); and (b) the Plaintiff did not pay the principal and interest at all until now.

Even if the instant loan claim expired by prescription, the Defendant given up the benefit of prescription by accepting the Plaintiff’s obligation on July 18, 2018.

B. The Plaintiff’s instant loan claim against the Defendant expired by prescription.

2. The fact that the Plaintiff lent KRW 18 million to the Defendant on March 21, 2008 without setting the due date for reimbursement on the Defendant is not disputed between the parties, or is recognized by the entry of the evidence No. 1, but it is apparent in the record that the instant lawsuit was filed on April 17, 2018 after the lapse of 10 years from the date of filing the instant lawsuit. As such, the said loan claim expired ten years prior to the filing of the instant lawsuit, subject to the lapse of the statute of limitations.

Therefore, the defendant's defense is justified.

On July 18, 2018, the plaintiff asserts that the defendant renounced the benefit of extinctive prescription since he/she agreed that he/she will repay the above loan debt to the plaintiff.

On the other hand, approval of an obligation as a ground for waiver of the extinctive prescription can be granted in an implied manner because there is no restriction on the method of indication. However, at least, it is established by expressing an intent to recognize the existence of an obligation owed by an obligor against a creditor, and the interpretation of whether there is an expression of intent to that effect is the content, motive, and motive of the act indicated or the expression of intent.

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