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1. The plaintiff's claim of this case against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 30, 1991, Hanil Bank Co., Ltd. (the first bank was merged with the Korean Commercial Bank on January 4, 1999, but changed its trade name to the Korean Bank on May 20, 2002; hereinafter the same shall apply) concluded a bill transaction agreement with the defendant A Co., Ltd and the Korean Bank issued under the joint and several guarantee by the defendant A Co., Ltd., and the defendant A Co., Ltd. issued a promissory note amounting to KRW 50 million at the face value of the joint and several guarantee by the defendant A Co., Ltd., and borrowed KRW 50 million to the defendant A Co., Ltd. at that time. (hereinafter the “instant loan”).
B. On March 30, 2002, our bank transferred its claim for the instant loan to a limited company specializing in Korean financial system, and completed the notification of the transfer of claim to Defendant A on April 27, 2002. On February 14, 2003, our financial system third-tier securitization company transferred its claim for the instant loan to the Promotion Savings Bank and completed the notification of transfer at that time. The Promotion Savings Bank transferred its claim for the instant loan to the Plaintiff on June 15, 201, and completed the notification of transfer at that time.
C. As of October 22, 2014, the principal of the instant loan is KRW 46,322,982, and interest is KRW 257,847,458.
[Ground for Recognition: Facts without dispute, purport of whole pleadings]
2. The parties' assertion and judgment
A. The plaintiff sought the payment of the loan of this case which was acquired prior to the transfer of this case. The defendants asserted that the loan of this case was fully repaid and the claim of this case has become extinct after the lapse of five years from the due date for payment as commercial claim.
B. The claim for the loan of this case is complete at the lapse of five years from the due date for payment with commercial claim, and the claim for the loan of this case is complete.