A. On February 17, 1997, the Defendant was leased 11 of the automatic string machine from Busan Lease Finance Co., Ltd. under the joint and several sureties of the fishery company, etc., and on January 31, 200, the lease contract was terminated.

On December 15, 1998, the Korea Lease Credit Co., Ltd. (hereinafter the above companies omitted the indication of the corporation) acquired the business from Busan Lease Finance.

B. Korea Lease Bank applied for a payment order with Seoul Central District Court 2005Ka4468, Feb. 4, 2005, the Defendant received a payment order with 152,476,456 won and the rate of 19% per annum from February 1, 2000 to the date of full payment. The payment order was finalized on March 12, 2005.

C. The claims against the Defendant, etc. by the Korea Lease Bank were transferred to the Plaintiff via the KEL Loan Co., Ltd., and the notification of transfer was made.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Judgment on the party's assertion

A. As to the Plaintiff’s claim against the Defendant for the payment of the principal amount of KRW 30 million and damages for delay, the Defendant asserts that the said claim had already been extinguished after the lapse of the five-year commercial extinctive prescription.

B. According to Article 474 of the Civil Procedure Act and Article 165(2) of the Civil Act, the period of extinctive prescription is extended to 10 years even where the claim established in the payment order constitutes a short-term extinctive prescription.

Since it is apparent in the record that the application for the instant payment order was made on February 27, 2015, before ten years have elapsed from March 12, 2005, which was the date on which the previous payment order became final and conclusive, the Defendant’s objection to the extinctive prescription is groundless.

Therefore, the defendant is obligated to pay to the plaintiff 30,000,000 won with 19% interest per annum from February 1, 200 to the day of full payment.

3. citing the Plaintiff’s claim.