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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's ground for the plaintiff's claim asserts that the defendant was granted a loan of KRW 30 million from C on June 7, 1997 due date on June 7, 1998 (hereinafter "the loan of this case"), but did not repay it to the plaintiff (hereinafter "the loan of this case"). The loan of this case was transferred in sequential order to the plaintiff through D Co., Ltd, E Co., Ltd, and F, and the plaintiff was lawfully notified thereof. Thus, the defendant is obligated to pay to the plaintiff the principal and interest of the loan of this case as of August 21, 2009 (the principal and interest of KRW 11,130,469 and interest KRW 18,188,111) and delay damages on the loan principal.
2. The Defendant’s assertion and judgment did not receive the instant loan, and even if the Defendant received the instant loan, it asserted that the extinctive prescription of the instant loan claim has expired, and thus, we first examine whether the extinctive prescription of the instant loan claim has expired or not.
The period of extinctive prescription is five years with commercial bonds pursuant to the main sentence of Article 64 of the Commercial Act, and there is no assertion that the Plaintiff applied for the payment order of this case on December 20, 2018, which was five years after the due date of the loan claim of this case ( June 7, 1998), and otherwise there is no evidence of assertion that the extinctive prescription of the loan of this case was suspended.
Ultimately, the claim of this case is not accepted, regardless of whether the claim of this case was established or not, since the period of extinctive prescription expired.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions. Thus, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff'