채무부존재확인
1. The Defendant’s payment order against the Plaintiff in Seoul Eastern District Court No. 2014Hu8928 is authentic.
1. Facts of recognition;
A. On March 4, 2002, the Plaintiff: (a) borrowed KRW 4,00,000 from A&M Round Co., Ltd. on March 4, 2002; and (b) agreed on the loan interest rate of KRW 98.55%; (c) 127.75% of delay damages; and (d) March 4, 2007.
B. On April 19, 2004, E&O P&L Co., Ltd. transferred the above loan claims against the Plaintiff to the Plaintiff, and notified the Plaintiff on April 19, 2004. On the same day, K&L Co., Ltd transferred the above loan claims against the Plaintiff to the Defendant, and notified the Plaintiff thereof.
C. On February 25, 2014, the Defendant filed an application with the Plaintiff for a payment order in the Seoul Eastern District Court 2014 tea 8928, and the said payment order became final and conclusive on April 8, 2014 on the ground that the Defendant did not raise any objection despite being served with the original copy of the payment order on March 24, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The plaintiff asserts that (1) The plaintiff did not receive the notification of the assignment of claims from the defendant, etc., and that since the five-year extinctive prescription of the above loan claims was completed, the above payment order should be excluded from the enforcement of the payment order.
(2) As to this, the defendant asserts that the plaintiff promised to pay in a continuous monetary currency with the defendant's employees, which gives up the benefit of the statute of limitations, and that the plaintiff brought the lawsuit in this case by asserting the completion of the statute of limitations, even though he/she continuously expressed his/her intent to
B. (1) As to the completion of the extinctive prescription of the above loan claim, the foregoing loan claim constitutes a commercial claim of which the extinctive prescription is five years, and the above payment order application was filed on February 25, 2014. As seen earlier, the foregoing loan claim is made on March 4, 2007, which is the due date for the above loan claim.