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 court of first instance’s explanation concerning this case is as follows, except where the defendant added the following judgments as to the matters alleged in the court of first instance, and thus, the defendant did not know of the provisions of Article 420 of the Civil Procedure Act, which are the expiration of the extinctive prescription. 2. The defendant alleged that the defendant did not know of the provisions of the law, which is the expiration of the extinctive prescription, due to the reason for appeal. However, the extinctive prescription does not proceed from the time when a right objectively arises and it is possible to exercise the right and only during the period for which it is impossible to exercise the right. "The case where the right cannot be exercised" refers to the case where there is a cause for disability as prescribed in the Act on the Exercise of the right, for example, the non-existence of the period, and even if the defendant was unaware of the existence of the right or the possibility of exercise of the right and was not negligent, such a reason does not constitute a legal disability (see Supreme Court Decision 2006Da1381, Apr. 27, 2006).