1. The Defendant amounting to KRW 60 million to the Plaintiff and 5% per annum from January 1, 2012 to February 8, 2019.

1. Determination on the cause of the claim

A. If the purport of the entire argument is added to the statement in Gap evidence No. 1, the plaintiff, while continuously supplying fishery products to the defendant on October 30, 2008, adjusted the price of goods traded during the period with the defendant on October 30, 2008, and prepared a certificate of borrowing with the agreement to pay in installments each year from 2009 to 20 million won.

B. Therefore, the Defendant is obligated to pay the Plaintiff KRW 60 million and delay damages therefrom according to the above loan certificate, unless there are special circumstances to the contrary.

2. Judgment on the defendant's defense

A. The defendant asserts that the plaintiff's claim is extinguished upon the lapse of 3 years in accordance with Article 163 subparagraph 6 of the Civil Act or 10 years in accordance with Article 162 (1) of the Civil Act on October 30, 2008, which is the date on which the loan certificate is drawn up by the defendant.

B. On the other hand, the initial date of the extinctive prescription is the starting point of calculating the period of extinctive prescription, which falls under the requirements for the occurrence of the legal effect of the extinction of a claim, and it constitutes a specific fact that constitutes the legal requirement of the extinctive prescription defense, and thus, it shall be subject to the principle of pleading. Therefore, if the initial date of the extinctive prescription differs from the initial date of the pleading, the court should calculate the extinctive prescription based on the initial date claimed by the parties in the principle of pleading. This shall be deemed the same as the initial date of the parties' assertion that the date after the initial date of the

(See Supreme Court Decision 94Da35886 delivered on August 25, 1995). However, the defendant asserted on October 30, 2008 as the starting point of the statute of limitations. The statute of limitations runs from the time when the right can be exercised (Article 166(1) of the Civil Act) and as seen earlier, the plaintiff and the defendant from 2009 to 2011.