beta
Text
1. As to KRW 117,890,779 and the Plaintiff’s KRW 9,156,139 among them, the Defendant’s year from February 24, 2016 to April 25, 2016.
Reasons
The Defendant received a loan from Samsung Capital, Samsung Card Co., Ltd. and Samsung Card Co., Ltd., but failed to repay it as stated in the separate sheet, and bears the same obligation as stated in the separate sheet. The above Samsung Capital Co., Ltd., as of April 30, 2003, and the above EL Card as of March 31, 2003, transferred its claim against the Defendant to the Plaintiff and notified the Plaintiff thereof. The overdue interest rate from February 24, 2016, as determined by the Plaintiff, from February 24, 2016, is 29% per annum for the above EL Card Loans, and the fact that 25% per annum for the above EL Card Loans, is either disputed between the parties, or can be acknowledged by comprehensively taking into account the overall purport of pleadings in the respective statements in subparagraphs 1 through
According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 117,890,779, the sum of principal and interest in arrears, and KRW 9,156,139, which is the aggregate of principal and interest in the above Samsung Capital loan from February 24, 2016 to April 25, 2016, the agreed interest rate of KRW 29% per annum, and KRW 16,150,761, the sum of principal in the above EL card loan, from February 24, 2016 to April 25, 2016, the amount of KRW 25% per annum, which is the overdue interest rate, from April 25, 2016 to the delivery date of the copy of the complaint in this case, and each of them is paid at the rate of 15% per annum, from the next day to the day of complete payment.
As to this, the defendant asserts that the above claim of the plaintiff was extinguished by prescription.
The plaintiff's above claims are clear that ten years have passed since the defendant's delinquency.
However, in full view of the purport of the argument in Gap evidence No. 4, the plaintiff filed a lawsuit against the defendant against the defendant with the Incheon District Court 2006Da31947, May 19, 2006 and the judgment became final and conclusive on July 4, 2006, and it is evident that the lawsuit in this case has not been filed ten years since the above final and conclusive date.
Therefore, the defendant's above assertion is justified.