1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. The Plaintiff is the birth of F (the deceased on August 19, 2008; hereinafter “the deceased”). Co-Defendant C and D of the first instance trial are the deceased’s children, and Co-Defendant B of the first instance trial are the deceased’s spouse.

B. On November 20, 2007, the Plaintiff received from F a certificate of loan as stated on November 20, 2007, 250,000 won, and November 20, 2007.

The above loan certificate does not state the due date and interest.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6, Eul evidence 3 (including numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant, the inheritor of the deceased, is obligated to pay money equivalent to the inheritance share out of the Plaintiff’s loan obligations against the Plaintiff (hereinafter “the instant loan obligations”).

B. The defendant's assertion that the extinctive prescription of the loan claim of this case has expired.

Article 166(1) of the Civil Act provides that “The extinctive prescription shall run from the time when a right can be exercised.” Since a claim without a fixed time limit may be exercised from the time when it comes into existence, the extinctive prescription shall run from that time. The ten-year extinctive prescription of the instant loan claim shall apply.

As seen earlier, since the instant loan claim is a claim with no fixed time for payment, the extinctive prescription is in progress from November 20, 2007, which is its establishment date, and it is evident that the instant lawsuit was filed on March 30, 2018, which was ten years after the above date.

Therefore, barring any special circumstance, the instant loan claim expired by prescription.

C. On April 2008, the Plaintiff received reimbursement of KRW 20,000,000 from the Deceased, and thus, at that time, the Plaintiff was in the instant case.