1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. From 1983 to 28 October 1993, the Plaintiff asserted that the Plaintiff lent a total of KRW 90,700,000 to the Defendant several times. The Plaintiff received reimbursement of KRW 1,000,000 on June 10, 2009 and KRW 500,000 on September 14, 2009 from the Defendant.

On the other hand, the defendant promised to repay loans to the plaintiff several times.

Therefore, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 89,200,000 as well as the statutory damages for delay stated in the purport of the claim.

B. Defendant’s assertion 1) The extinctive prescription of the loan claim asserted by the Plaintiff was completed. 2) Since the Defendant was declared bankrupt and exempted from liability, there is no responsibility for the payment of the loan to the Plaintiff.

3. The defendant does not have promised to repay the loan to the plaintiff.

2. Determination

A. Even according to the Plaintiff’s assertion, it is clear that the ten-year extinctive prescription period (Article 162(1) of the Civil Act) of the loan claim asserted by the Plaintiff has elapsed since the last lending date.

The Plaintiff asserted to the effect that the period of extinctive prescription was suspended by the Defendant’s partial repayment of the loan on June 10, 2009 and September 14, 2009. However, since the period of partial repayment of the loan alleged by the Plaintiff has already expired, the partial repayment of the loan claimed by the Plaintiff cannot be a ground for interrupting extinctive prescription.

B. The Plaintiff asserted that the Defendant’s assertion of the completion of extinctive prescription is not permissible as an abuse of rights against the principle of good faith, since the Plaintiff, by promising the repayment of the loan after the expiration of extinctive prescription, presented the same attitude as not to invoke the extinctive prescription by paying out KRW 1,50,000, which is a part of the loan.

The exercise of the obligor's right of defense based on extinctive prescription is also governed by the principle of good faith and prohibition of abuse of rights, which are the major principle of our civil law.