채무부존재확인
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. According to the facts without dispute between the parties concerned and the purport of Gap evidence and the entire pleadings, the plaintiff was granted a loan from Hyundai Capital Capital on July 23, 2003, and the defendant acquired a claim against the plaintiff from Hyundai Capital Capital; and on October 2, 2014, the remaining principal and interest of the loan remaining as of October 2, 2014 are 18,129,567, including principal and interest, etc.
2. The parties' assertion that the plaintiff's above claim expired on July 23, 2003 and July 22, 2008 after five years from the date of loan. The defendant asserts that the statute of limitations has run only after the lapse of August 15, 2006, which is due date. The defendant filed an application for a payment order against the plaintiff before five years elapse from the date of loan, and the statute of limitations has expired since the above payment order became final and conclusive.
3. According to the Plaintiff’s repayment period of the Plaintiff’s loan obligation as seen earlier on August 15, 2006, and the evidence No. B No. 1, it can be acknowledged that the Defendant applied for a payment order against the Plaintiff on October 5, 2009, Cheongju District Court No. 2009 tea3294, supra, and it became final and conclusive.
Therefore, the extinctive prescription against the defendant's claim was suspended as a final decision of the above payment order, and the plaintiff's claim for the extinction of prescription is without merit.
4. According to the conclusion, the plaintiff's claim is dismissed for lack of grounds.