청구이의
1. The plaintiff's claim is dismissed.
2. On April 1, 2016, this Court has regard to cases where a request for suspension of compulsory execution is filed by this Court.
1. Facts of recognition;
A. On January 18, 201, the defendant (former trade name: Brazil Capital Co., Ltd.) filed against the plaintiff an application for the payment order (hereinafter "the payment order of this case") with the purport of the application that "the debtor (the plaintiff of this case) shall pay 7,584,880 won to the creditor (the plaintiff of this case) and 1,000,000 won among them, calculated at the rate of 38.69% per annum from January 19, 201 to the date of full payment (hereinafter "the payment order of this case"). The plaintiff did not raise an objection after being served the original copy of the payment order of this case on February 7, 2011, and the payment order of this case became final and conclusive on February 22, 2011.
B. Meanwhile, on the other hand, on December 12, 2003, the grounds for applying for the instant payment order were that the Defendant transferred the loan credit ( principal amounting to KRW 1,000,000, interest rate of KRW 6,584,880, interest rate of KRW 38.69% per annum) to the Plaintiff on the L&Wnman’s (hereinafter “E&Wnman’s Day”) to the Plaintiff, in sequential Capital Co., Ltd. (hereinafter “e.g., the instant payment order”).
[Ground of recognition] Evidence No. 1 and No. 3
2. Determination
A. The plaintiff's assertion (1) First, the plaintiff did not have any monetary transaction with the sag Capital or the defendant.
(2) Second, even if the defendant's claim against the plaintiff exists
Even if the plaintiff borrowed money from E&O 2001, the ten-year extinctive prescription has expired after the plaintiff borrowed money.
B. (1) According to each of the statements in Nos. 1, 2, 3, 2, and 4-1, and 2 of the evidence Nos. 1, 1, 2 of the first argument, the Plaintiff entered into a monetary loan agreement with the Defendant on June 5, 2001, for the loan rate of KRW 2,00,000 and the loan limit of KRW 2,00,000, monthly interest rate of KRW 6%, interest rate of delayed payment rate of KRW 9%, June 5, 2006, and the loan period of KRW 2,00,000 as of June 5, 2006 (hereinafter “instant loan”). ② The loan period of KRW 2,00,000 on the same day was extended to the Ganman on June 30, 203, and the Ganmann Donn Don ur on December 12, 2003.