양수금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Facts of recognition
On October 7, 2000, Defendant A agreed 22% per annum and agreed 7 million won per annum from the former Eastern Credit Union until October 7, 2002, and Defendant A guaranteed the above loan obligations of Defendant A at the time.
On June 21, 2013, the Plaintiff acquired the claim for the above loans from the Jeondong-dong Credit Union to Defendant A, delegated the authority to notify the assignment of the claims, and notified the Defendant A of the fact of the assignment of claims.
As of April 2, 2014, the principal and interest of this case are KRW 14,582,666, total of KRW 4,01,015 and interest KRW 10,571,651.
[Ground of recognition] In light of the above-mentioned facts of absence of dispute, Gap 1, 2, 3, and 7's each statement, and all of the arguments, the defendants are obligated to pay the principal and interest of this case and the damages for delay, unless other special circumstances exist.
The Defendants asserted that the statute of limitations has already expired due to the completion of the statute of limitations on the instant loan claims.
As to this, the Plaintiff’s claim for the instant loan is subject to the ten-year statute of limitations. The Plaintiff asserted that the ten-year statute of limitations has not been expired since Defendant A repaid KRW 100,000 on April 9, 200, KRW 100,00 on June 28, 2004, KRW 305,973 on November 2, 2007, and repaid the loan even in 2013. This constitutes a debt approval, which constitutes a new statute of limitations.
Judgment
Where a civil loan claim is not exercised within ten years generally, the extinctive prescription shall expire but if it is not exercised within five years if it is a claim arising out of a commercial activity (Article 162(1) of the Civil Act).
(Article 64 of the Commercial Act). In order for a certain act to constitute a basic commercial activity under Article 46 of the Commercial Act, it must be an act under each subparagraph of the same Article for business purposes, and the term "business" means to continue to engage in the same kind of act for profit making purposes.