양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Comprehensively taking account of the respective arguments and the purport of Gap evidence Nos. 1 through 4, as shown in the grounds for the appeal, the defendant was given a loan of KRW 30 million from the Pacific Life Insurance Co., Ltd. on November 19, 1996, the due date for repayment was November 19, 199, and the plaintiff acquired the above claim against the defendant. Thus, the defendant is liable to pay to the plaintiff the same amount as stated in the purport of the claim and damages for delay, barring any special circumstances.
In regard to this, the Defendant asserts that the statute of limitations has expired upon the completion of the above claim, so the period of extinctive prescription is five years since the Defendant’s claim for loans against the Defendant in life insurance of the Pacific Co., Ltd. is a commercial claim. As such, it is apparent in the record that the instant lawsuit was filed on October 14, 2016 after the lapse of five years from November 19, 199, the due date for payment of the above claim. Thus, the above claim for transfer money had already expired before the instant lawsuit was filed.
As such, the defendant's above defense is reasonable.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.