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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts 1) The Gwangju Saemaul Community Depository (hereinafter referred to as the “Sule Community Depository”).
On April 10, 200, the Defendant loaned 8,00,000 won with interest rate of 12% per annum, 18% per annum, 18% per annum, and due date of repayment on April 10, 2002. 2) The Defendant filed a lawsuit to repay only part of interest and principal on the above loan until September 30, 200, and on November 27, 2002, the community credit cooperative filed a lawsuit to “the Defendant shall pay to the Plaintiff 6,743,357 won and 6,600,000 won with interest rate of 18% per annum from December 1, 200 to the date of full payment.” The above decision became final and conclusive on December 24, 2002.
3) On June 28, 2013, a community credit cooperative transferred to the Plaintiff claims equivalent to KRW 5,949,451 among the claims under the foregoing subparagraph 2, and the interest thereon and delay damages. The Plaintiff was delegated with the power to notify the assignment of claims by the community credit cooperative and notified the Defendant of the fact on June 17, 2014.
4) As of December 3, 2013, the balance of claims subject to transfer as of December 3, 2013 is KRW 10,269,81 ( principal KRW 5,959,451) (interest at KRW 4,319,81). [The fact that there is no dispute over grounds for recognition, entry in the evidence Nos. 1 and 9 within 3 points, and the purport of the whole pleadings.
2. According to the facts of the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 18% per annum from December 4, 2013 to the date of full payment, barring any special circumstance, with respect to KRW 10,269,81 and KRW 5,959,451 among them.
3. The defendant's defense is determined, but the facts that the above decision of performance recommendation became final and conclusive on December 24, 2002 are as mentioned above, and it is obvious that the plaintiff applied for the payment order of this case on December 4, 2013, which was 10 years after the expiration of 10 years from that time, and thus, the plaintiff's above claim was extinguished by prescription. Thus, the defendant's defense pointing this out has merit.
On December 31, 2003, the Plaintiff approved the above claim by repaying the principal amount of KRW 650,549 to the community credit cooperatives.