A. C entered into a loan transaction agreement with D Association on November 12, 2002, setting the loan amount of 200 million won, interest rate of 9% per annum on November 12, 2004, and interest rate of 18% per annum on delay, and the Defendant jointly and severally guaranteed C’s obligations under the above loan transaction agreement.

In the auction procedure of the Changwon District Court, on May 16, 2006, a dividend of KRW 60,687,414 was made for the principal and interest of loans.

B. D. On August 16, 2005, the Plaintiff transferred the principal and interest of loans under the above loan transaction agreement to F organization. F organization transferred the same claim to the Plaintiff on August 7, 2015, and completed the notification of the transfer of claims following each transfer.

C. The principal and interest amount at the time the Plaintiff received transfer is KRW 312,257,520 (=interest of KRW 140,000,000).

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from October 19, 2018 to the date following the delivery date of the original copy of the instant payment order, as requested by the Plaintiff, with respect to the principal and interest of loans of KRW 312,257,520, and the balance of loans of KRW 140,000,000, which are the following day of the delivery date of the original copy of the instant payment order, unless there are special circumstances.

B. The Defendant’s defense against the Defendant: (a) where G Union loans funds to members who are merchants, the obligation for the loans is a commercial claim; and (b) as the borrower C is a merchant, the instant obligation for the loans is a commercial claim; and (c) the obligee is a commercial claim and the obligee has already completed the five-year extinctive prescription period from May 16, 2006, which was distributed in the auction procedure.

In the meantime, there is no evidence to acknowledge that C is a merchant (the loan of this case is recognized as being used as "for accounting" according to the evidence No. 1). On the other hand, the statement of evidence No. 5 added the whole purport of the pleading to the statement of evidence No. 5.