양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Defendant entered into an agreement with Samsung Card Co., Ltd. on February 24, 2003 to borrow KRW 20 million, and the above loan was transferred to the Plaintiff on June 28, 2013. As of August 18, 2014, the balance of the principal amount of the above loan was KRW 24,660,90 as of August 18, 201, and the fact that the interest in arrears was totaling KRW 44,07,35, totaling KRW 68,68,239, there is no clear dispute between the parties.
According to the above facts, the defendant as the debtor of the loan is obligated to pay to the plaintiff as the transferee of the loan the total amount of the above principal and interest and delay damages on the balance of the principal.
In this regard, the defendant's defense of extinctive prescription is examined, and if Gap evidence No. 4-1 is stated, it can be acknowledged that the conditions of the repayment of loans under the above card loan agreement are "an equal division of the principal and interest of 48 months".
According to this, barring any special circumstance, the repayment period of the above loan is recognized as around February 23, 2005, and the application for the payment order of this case was filed on August 20, 2014. It is clear that it was filed five years after the extinctive prescription period under Article 64 of the Commercial Act.
Therefore, the defendant's defense of extinctive prescription is justified.
Thus, the plaintiff's claim of this case is dismissed as it is without merit.