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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 16, 2011, the Defendant filed with the Seoul Central District Court an order against the Plaintiff to pay the Plaintiff damages for delay at the rate of 38.69% per annum from February 16, 2011 to the date of full payment to the Plaintiff on January 21, 2002, that: (a) on the part of the Plaintiff, the amount of the loan paid under a loan agreement and the amount of the loan and the amount of interest, etc.; and (b) on January 19, 2002, the Defendant asserted that, on the part of the Plaintiff on January 21, 2002, the Pacific Co., Ltd. transferred the loan claim to the Plaintiff (hereinafter “instant loan claim”); and (c) on the part of the amount of the transfer claim to the Defendant, the Defendant filed an order to pay the Plaintiff damages for delay at the rate of 39,440,758 won and 6,000 won among them.
B. On February 17, 2011, the Seoul Central District Court issued a payment order under the preceding paragraph (hereinafter “instant payment order”) to the Plaintiff on March 18, 201, in the case of demand procedure conducted as Seoul Central District Court No. 201031, the original copy was served on the Plaintiff on March 18, 201. The instant payment order became final and conclusive on April 2, 2011, as the Plaintiff did not raise any objection.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s alleged financial institution’s claim for loans and the claim for the transfer of funds is subject to the five-year extinctive prescription under the Commercial Act, and accordingly, the claim for each of the instant loans has already been extinguished after the lapse of the said five-year prescription as of February 16, 201,
B. In full view of the purport of the entire pleadings in the statement No. 1 of the judgment, the creditor and the debtor under each of the monetary loan contracts of this case set on January 21, 2007 and January 19, 2007, five years after the date of conclusion of the above contract, and the debtor can obtain loans repeatedly within the limit of the use limit, and the principal shall be free.