2. Determination on the cause of the claim

A. According to the above facts of recognition, barring any special circumstance, Defendant A is obligated to pay the Plaintiff, the transferee, the balance and overdue interest of the loan of the new card company and the merchant credit cooperative in order to pay the loan and overdue interest, and Defendant B is jointly and severally liable with Defendant A, which is a joint and several surety.

B. The Defendants asserted that the five-year statute of limitations has expired. The Defendants asserted that the five-year statute of limitations has expired.

In light of the above evidence Nos. 1-1, 2-4-1 and 5-1 of the above evidence Nos. 1-1, 4-1, and 5, since the defendant and the above-mentioned community credit cooperative loans for a fixed period of two years from Aug. 3, 2001 to Oct. 22, 199, the new card company can recognize the commencement of loans from Oct. 22, 199, the five-year prescription period has expired. Meanwhile, according to the evidence No. 6, the new card company filed a lawsuit against the defendant A on Dec. 17, 2009 and won a favorable judgment on Jan. 12, 2010, and it is evident that the plaintiff, the transferee, applied for the payment order of this case on Nov. 13, 2015, which was before five years have passed since the date of the transfer.

According to the above facts, the loans of a new card company were suspended by prescription.

However, there is no assertion or proof that the loans of the commercial community credit cooperatives have been subject to the interruption of extinctive prescription. Accordingly, the defendants' defense is justified only for the loans of the commercial community credit cooperatives.

3. If so, Defendant A’s loan balance and overdue interest (10,656,439 KRW 37,322,471) of the new card company to the Plaintiff.