양수금
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. Each fact of “the cause for claim” in the attached Form of the facts of recognition (Provided, That the “creditor” shall be deemed to be the “Plaintiff” and the “debtor” shall be deemed to be the “Defendant”) may be recognized in full view of the parties’ respective entries and arguments as set forth in subparagraphs A and 4.
2. Determination:
A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 30, 2014 to the date of full payment, as sought by the Plaintiff, to the Plaintiff who finally acquired the loan claims against the Defendant by Han-gu Bank Co., Ltd. (hereinafter “instant loan claims”), with the remainder of KRW 5,119,185,185, and the remainder of KRW 21,168,624, and the remainder of KRW 5,119,185, as to the remainder of the instant loan claims as of October 9, 2014.
B. The defendant's defense is proved by the judgment of the court below that the loans of this case were extinguished by the commercial prescription.
In full view of the facts stated in Gap evidence Nos. 2 and 3 and the purport of the whole pleadings, the repayment period of the loan loan in this case can be acknowledged as of March 30, 2002.
It is clear that the Plaintiff’s application for the instant payment order was filed on October 28, 2014, which was five years after the expiration of the period of the commercial statute of limitations from the Plaintiff’s application.
However, in full view of the statement and the purport of the entire argument by Gap evidence No. 4, the defendant filed an application for debt settlement with the Credit Counseling and Recovery Commission on February 22, 201, and the defendant received a plan for debt settlement from the Credit Counseling and Recovery Commission on April 28, 201 to repay part of the loan claims of this case on 68 occasions in total. The defendant paid KRW 164,586 to the plaintiff three times from June 23, 201 according to the above debt settlement plan, and the defendant did not pay the above installment payments on three or more occasions, and the above debt settlement plan on November 4, 201.