양수금
1. The defendant shall pay KRW 130,529,82 to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
1. Determination as to the cause of the Plaintiff’s claim
A. In full view of the purport of the entire arguments in the statements in subparagraphs 1 through 5, 6-1, and 2, the following facts are the same as the changed cause of claim, and the company specialized in the commercial securitization, which received the claim for the loan from the new bank, from the new bank, to the Defendant, notified the Defendant of the transfer of the claim for the loan of this case on January 22, 2016, and on May 22, 2017, the above transfer of the claim to the Plaintiff on May 22, 2017, and the fact that the land became the Defendant around that time is recognized.
B. According to the above facts of recognition, the defendant is obligated to pay the plaintiff KRW 133,947,839 of the daily acceptance of the transfer money.
2. Determination on the defendant's defense
A. The Defendant asserts to the effect that, as the period of short-term extinctive prescription of three years as stipulated in Article 163 subparag. 1 of the Civil Act is applied to the Plaintiff’s claim amount of the instant claim, the claim for interest accrued before June 30, 2013, which was three years retroactively from the time of filing the instant lawsuit, was extinguished by prescription.
B. According to Article 163 subparagraph 1 of the Civil Act, a claim aimed at the payment of interest, support fees, and other money or other things within a period of not more than one year shall be extinguished by prescription if it is not exercised for three years. However, damages for delay of a pecuniary obligation is not an interest, but a claim with a period of not more than one year stipulated under Article 163 subparagraph 1 of the Civil Act, and thus, it shall not be subject to a short-term extinctive prescription for three years.
(See Supreme Court Decision 98Da42141 delivered on November 10, 1998, etc.). In addition, since a new bank, which is the original creditor of the instant loan, constitutes a merchant under the Commercial Act, the new bank constitutes a merchant, and thus, claims for the instant loan and claims for delayed payment after the due date for payment due under the unpaid loan are all commercial claims as provided by Article 64 of the Commercial Act and the ex
C. In this case, the Health Unit A No. 4-C.