양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to the overall purport of Gap evidence Nos. 1 and 4 (including the number of branch numbers), and the entire purport of the pleadings, C may recognize the fact that September 24, 2001 set a loan of 1.2 million won to B on December 24, 2001, with a maturity of 60% per annum, and delayed interest rate of 60% (hereinafter "the loan of this case"), and B, with a maturity of 120,000 won per annum to C, with a maturity of 1.20,000 won per annum. The loan of this case (Evidence No. 1) written application of the loan of this case contains the name and resident registration number of the defendant in the joint and several surety column, and C transfers the loan of this case to the plaintiff on May 13, 201, and notify the plaintiff of the above fact with a certificate of content certification as to the assignment of credit of this case on June 14, 2011.
2. The Defendant asserted that the instant loan claims against C acquired by the Plaintiff were extinguished by the extinctive prescription. As such, the Defendant’s assertion that the instant loan claims against C were extinguished by prescription, the fact that the period for repayment of the instant loan obligations was December 24, 2001 is as seen earlier, and the fact that the Plaintiff’s lawsuit against the Defendant was filed on November 1, 201, which was ten years after the lapse of the extinctive prescription period from the lawsuit against the Defendant, is apparent in the record. As such, the instant loan claims against C acquired by the Plaintiff were extinguished by prescription, and the Defendant’s guarantee obligation as to the instant loan obligations against C was extinguished by the nature of the guaranteed obligation.
Therefore, since the defendant's defense of extinctive prescription is well-grounded, the plaintiff's claim of this case cannot be accepted.
3. If so, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal shall be accepted, and the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed. It