1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On September 2, 1997, the Suwon Agricultural Cooperative (hereinafter “SP”) lent KRW 110 million to the Defendant on September 2, 1997, setting the due date for repayment to the Defendant on September 2, 1999.

(hereinafter “instant loans”). (b)

On March 27, 2008, the non-party union transferred the instant loan claim to the Plaintiff. At that time, the non-party union notified the said transfer.

C. The instant loan claims remain a total of KRW 320,227,414 as of March 4, 2014, including principal KRW 75,081,576 as of March 4, 201 and interest thereon.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff who acquired the claim for the loan of this case the total amount of 320,227,414 won and delay damages for the principal amount of 75,081,576 won out of the above amount, unless there are special circumstances.

B. The Defendant asserts that the Defendant’s claim for the instant loan was extinguished by prescription.

Pursuant to Article 64 of the Commercial Act, a claim arising from an act falling under a commercial activity as well as a claim arising from an act falling under a commercial activity for both parties as well as a claim arising from an act that has been conducted for both parties, shall also be deemed a commercial claim to which the

(2) Article 64 of the Commercial Act, which provides for the extinctive prescription of five years applicable to claims arising out of commercial activities, as in the original claim, applies to damages for delay after a bank has due date for a loan extended as a business act (see, e.g., Supreme Court Decision 201Da109500, May 10, 201). On the other hand, Article 64 of the Commercial Act, which provides for the extinctive prescription of five years applicable to claims arising out of commercial activities, is applicable (see, e.g., Supreme Court Decision 2006Da2940, Mar. 14, 2008). According to the foregoing facts, the instant loan claims were returned to the instant case, and the due date for repayment of the claim is a commercial bond on September 2, 199; and the instant payment order in the instant case