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1. The Plaintiff:
A. Defendant B’s KRW 26,66,66 and its related costs are 5% per annum from November 16, 2017 to December 20, 2017, and 5% per annum.
Reasons
1. In full view of the purport of each statement in Gap evidence Nos. 1 through 5, and 8 through 10, the facts as follows: the deceased's large amount of 10,000,000 won on April 10, 2002; the deceased's 10,000,000 won on May 14, 2002; the 10,000,000 won on July 27, 2006; the 40,000,000 won on September 7, 2006; the 10,000,000 won on October 10, 207; the 10,000,000 won on November 26, 2009; the 10,000,000,000 won on the deceased's 10,010 or 10,000 evidence No. C; the deceased's 216,01,20.10
2. Claim against the defendant B
A. According to the above facts, Defendant B’s primary claim is determined as follows: (a) KRW 33,333,333, barring any special circumstance, barring any special circumstance (i.e., the sum of KRW 100,000,000 x statutory inheritance x KRW 3/9, and less than KRW 3/9; hereinafter the same shall apply).
(2) Defendant B asserts that each of the loans as of April 10, 2002 and May 14, 2002 by the deceased has expired by prescription.
The statute of limitations for each of the above loans that did not specify the due date runs from the date of the occurrence of the above obligation, and it is evident in the record that the instant lawsuit was filed on March 8, 2016 after the lapse of ten years from the date of each of the above loans. As such, each of the above loans obligation expired by the statute of limitations.
Defendant B’s above assertion is with merit.
3) Therefore, Defendant B’s objection to the existence and scope of the obligation of the said Defendant from November 16, 2017 to December 20, 2017, which is the date following the last delivery date of the copy of the complaint of this case containing the highest declaration of intent as sought by the Plaintiff, as to the loan amounting to KRW 26,66,66 (=80,000 x 3/9,000 x 5% per annum as stipulated in the Civil Act, and the next day, from the date of the said judgment, shall be repaid to the Plaintiff.