양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 as to the cause of the claim, the defendant extended a loan of KRW 4,500,000 from Han Bank (hereinafter "the loan of this case") on February 15, 201, with the due date fixed on February 15, 201, and the plaintiff acquired the loan of this case from the Han Bank as above on June 28, 2013, and notified the defendant of the assignment of the above claim on June 23, 2014. The above notification was delivered to the defendant around that time. The principal and interest of the loan of this case as of April 21, 2016, which was the time of the filing of the lawsuit of this case, shall be paid to the plaintiff as principal and interest of KRW 4,50,00,000, interest, delay damages, and delay damages, as of April 21, 2016.
2. As to the judgment on the Defendant’s objection to the statute of limitations defense, the Defendant asserted that the statute of limitations expired, and thus, the period of the statute of limitations expired as a claim arising out of commercial activities, and the Bank’s loan claims is five years pursuant to Article 64 of the Commercial Act. As seen earlier, the fact that the maturity period of the instant loan claims was February 15, 201 is as follows. As such, it is apparent that the Plaintiff’s lawsuit in this case was filed on April 22, 2016, which was five years after the said lawsuit was filed, the statute of limitations expired prior to the filing of the lawsuit in this case.
Therefore, the defendant's above defense is justified.
3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair, and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.