양수금
1. Of the instant lawsuit, the part concerning the claim for Samsung Card Loans is dismissed.
2. The defendant shall pay to the plaintiff KRW 4,664,069.
1. The allegations and judgment of the parties
A. The plaintiff's assertion is as shown in the ground for claim attached to the summary of the claim
(However, the "creditor" is deemed to be the "defendant" for the plaintiff and the "debtor". 【The grounds for recognition】 Each entry and the purport of the whole pleadings of evidence Nos. 3 through 6
B. 1) First of all, in full view of the health bond claims of Samsung Card No. 1 and the purport of the entire pleadings, Samsung Card Co., Ltd.’s order for payment was finalized on November 22, 201 by applying for payment order against the Defendant (Seoul Southern District Court 201Hu26000, Nov. 22, 201). Thus, the claim for this claim cannot be deemed as a 10-year expiration period, and thus, it is unlawful as there is no benefit of protection of rights. 2) The period of the transaction was extended from the first loan application to December 13, 2007 after the first loan application, and since it is apparent that the payment order of this case was filed before the lapse of 10 years thereafter, the Defendant’s claim for the completion of the extinctive prescription cannot be accepted.
3) Therefore, as of November 15, 2016, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 17% per annum from November 16, 2016 to the date of full payment with respect to the total amount of KRW 4,64,069, and the principal amount of KRW 2,700,000, among the claims for general loan of the instant community credit cooperatives as of November 15, 2016.
2. Conclusion is accepted only in part of the Plaintiff’s claim, and it is so decided as per Disposition.