청구이의
1. The Defendant’s decision on performance recommendation is based on the Seoul Central District Court’s 2015 Ghana5790376.
1. On May 15, 2015, the Defendant filed a lawsuit against the Plaintiff for the claim for the takeover amount (hereinafter “instant lawsuit”) with the Seoul Central District Court 2015da5790376 (hereinafter “instant lawsuit”) and received a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) on May 28, 2015, and the said decision on performance recommendation became final and conclusive around that time.
In the execution recommendation decision of this case, the details ordering payment to the plaintiff are as shown in the attached Form.
(hereinafter referred to as “each of the claims of this case”). [Grounds for recognition] The fact that no dispute exists, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. The plaintiff's assertion as to the cause of claim
A. Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) and Samsung Life Insurance Co., Ltd. (hereinafter “Masung Life”) did not notify the Plaintiff of the transfer of each of the instant claims while transferring them to the Defendant.
B. Each of the claims of this case had expired by the lapse of five years from the commercial prescription period.
3. Determination
A. According to the evidence No. 3, determination as to whether to notify the transfer of the claim, it is recognized that the Defendant was delegated with the authority to notify the transfer of the claim from Hyundai Capital and Samsung Bio-resources and notified the Plaintiff of the transfer of the claim of this case. Thus, the Plaintiff’s assertion on this part is
B. (1) The statute of limitations expires if a claim arising from commercial activities is not exercised within five years (main sentence of Article 64 of the Commercial Act). (2) Of the instant loan claims, the loan deadline of Hyundai Capital Claim listed in the [Attachment 1] No. 1] among the instant loan claims is October 5, 2007; and the fact that the Defendant filed the instant lawsuit on May 15, 2015, which was five years after the lapse of the statute of limitations, is as seen earlier, and thus, the statute of limitations has already expired.
(3) Of the instant loan claims, the claim details No. 2 and No. 3 listed in the [Attachment 2] are less than “T&T claim.”