양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts in the separate sheet of claim alleged by the Plaintiff as the cause of the claim in this case are either disputed between the parties or acknowledged by considering the whole purport of the pleadings as a whole in each statement in Gap evidence Nos. 1 through 5.
According to the above facts, the defendant is obligated to pay to the plaintiff the total sum of KRW 54,716,616,616 and delay damages for the principal amount of KRW 29,364,581.
2. The defendant's defense is defense that the plaintiff's claim of this case was extinguished due to the completion of prescription.
In full view of the overall purport of the arguments in the above evidence, ① Nonparty B borrowed 30,000,000 won interest rate of 12.5% per annum (interest rate of 18% per annum) on December 30, 200, and 12.5% on December 30, 2003 on the expiration date of the loan term, and the Defendant guaranteed the above loan obligation. ② The Kandong Community Depository collected 635,419 won out of the above loan obligation on June 30, 2005, and collected 29,364,581 won, which is the same as the principal of the Plaintiff’s claim amount of this case.
On the other hand, according to Gap evidence No. 5, it was entered into a computer as a repayment of KRW 259,628 on December 26, 2005, and it was again cancelled on the same day. Thus, the above 259,628 won cannot be deemed to have been recovered.
This remaining, and it is recognized that around December 26, 2005, the above 29,364,581 won was disposed of as bad debt, and (3) the head of Suwon Saemaul Depository transferred the instant claim to the Plaintiff on or around June 28, 2013, and that the Plaintiff was delegated with the notification authority and notified the Plaintiff of the assignment of the claim to B, the principal debtor, around June 23, 2014.
According to the above facts of recognition, the statute of limitations shall run since June 30, 2005, which is the date of the final collection of the Plaintiff’s instant claims, from June 30, 2005. Since the fact that the Plaintiff filed the instant lawsuit on November 19, 2015, which is ten years after the said date, is apparent in the record, the Plaintiff’s instant claims have already become extinct.