The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The Plaintiff received a loan of KRW 2,000,000 from D on February 14, 2007 (hereinafter “the instant loan claim”). The instant loan claim was assigned in sequence to E Co., Ltd. and the Defendant.

On or after March 16, 2007, the Plaintiff did not repay the instant loan claims. As such, the Defendant applied for a payment order seeking a transfer payment order under the court No. 2019 tea14238, Feb. 27, 2019, and the relevant payment order (hereinafter “instant payment order”) was served on the Plaintiff on March 26, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2 through 4, each of the statements in 1 and 2, and the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion 1) The claim for the instant loan is subject to a short-term statute of limitations of five years as the act of a merchant. The Defendant applied for the instant payment order after five years from the time when the instant loan claim was overdue. Since the instant payment order is null and void as it is subject to the claim for which the statute of limitations has expired, the Plaintiff was notified that the Defendant acquired the instant loan claim, and thus, the instant payment order was null and void as it was filed by a non-party-qualified person, and thus, the instant payment order is void.

B. As seen earlier, the instant payment order became final and conclusive with respect to the instant loan claim on the part of the claim for the expiration of the extinctive prescription of one of the extinctive prescription claims.

Meanwhile, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 4-1, 2, 5, and 6, D corporation applied for a payment order on February 12, 2009 with the Seoul Central District Court Decision 2009Da16014, which became final and conclusive on March 24, 2009, and the Defendant may recognize the fact that the Defendant applied for the instant payment order on February 27, 2019, which was before the lapse of 10 years thereafter. Thus, the instant payment order claims for the instant loans are subject to the instant payment order.