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Reasons
1. Basic facts
A. On January 21, 2002, the Plaintiff entered into a monetary loan agreement (hereinafter “the instant loan agreement”) with the Malaysia Co., Ltd. (hereinafter “piracy”) with a maximum amount of loans of KRW 5,000,000,000 per annum, interest rate of KRW 98.55% per annum, interest rate of delay delay rate of KRW 127.75% per annum, January 27.75% per annum, January 21, 2007 on the expiration date of the contract, and January 21, 2007 as of January 12, 2007 on the basis of the maximum amount of loans set forth by the Plaintiff as the maximum amount of loans to pay the full amount of obligations on the expiration date of the contract (hereinafter “the instant loan agreement”).
B. On March 31, 2003, the Malaysia transferred the claim for the principal and interest of the loan (hereinafter “the claim of this case”) to the Gas Capital Co., Ltd. (hereinafter “Gas Capital”), and on January 10, 2004, the Gas Capital transferred the claim of this case to the Defendant.
C. On August 25, 2010, the Defendant filed a payment order with the Plaintiff with the lower court (hereinafter “instant payment order”), and on August 26, 2010, the Defendant received the payment order (hereinafter “instant payment order”), stating that “the Plaintiff shall pay to the Defendant the amount of KRW 16,328,620 and the amount of KRW 2,985,985 calculated at the rate of 38.69% per annum from August 26, 2010 to the date of full payment” (hereinafter “instant payment order”). The instant payment order was finalized on September 21, 2010.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2, Eul evidence 2-1, 2, Eul evidence 4, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion (1) The plaintiff did not receive notification or consent from the transferor, piracy and ice Capital regarding the assignment of each of the claims of this case. Thus, the defendant cannot oppose the plaintiff on the ground that he acquired the claim of this case.
② The instant claim is a claim arising out of commercial activities and the prescription period is five years. At the time the Defendant applied for the above payment order, the period has already expired due to the lapse of the prescription period.