2. The costs of lawsuit shall be borne by the Plaintiff.

A. C. As a financial institution that receives and engages in credit transactions, the C.C. set the due date of repayment of KRW 10,000,000 on January 11, 1999 to the Defendant, a member, as January 11, 2002; and ② the due date of repayment of KRW 10,000,000 on August 4, 200 to lend each of them on August 4, 2002.

B. On June 28, 2013, C Cooperatives transferred to the Plaintiff the principal and interest claim amounting to KRW 20,238,800 in the balance of loans, and KRW 10,000 in the balance of loans.

C. On June 4, 2019, the Plaintiff notified the Defendant of the assignment of claims for each principal and interest of loan transferred as above. D.

On March 13, 2019, the outstanding amount of the loan claims that the Plaintiff transferred to the Plaintiff is KRW 65,41,702 (23,393,612, including interest KRW 13,393,612, and KRW 42,018,090, including interest KRW 21,779,290 (23,393, 61242,018,090).

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 3 evidence (including evidence with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant is obligated to pay the above remaining principal and interest to the plaintiff who is the transferee of the above loan principal and interest, barring any special circumstances. However, the defendant asserts that the above claim has expired at the expiration of five years from May 31, 2013, which was the last repayment of interest as commercial claim, and that the plaintiff's loan of this case is a household fund loan, and the principal and interest claim of the loan of this case has not been completed ten years with a civil claim, not a commercial claim.

B. Article 64 of the Commercial Act provides that “The extinctive prescription of a claim arising from a commercial act shall be completed if it is not exercised for five years, unless otherwise provided in this Act.” As such, both parties shall be limited to one of the parties as well as the claim arising from a commercial act, unless it is exercised for five years.