1. The plaintiff's claim is dismissed.

3. The costs of lawsuit shall be borne by the defendant.

Plaintiff’s assertion

A. Since the plaintiff was notified of the transfer of the claim by D Limited Company, the defendant cannot assert the effect of the transfer of the claim to the plaintiff.

B. Even if the claim against the Plaintiff of E Co., Ltd. (hereinafter “instant claim”) was calculated from January 25, 2006, the statute of limitations for the extinguishment of a commercial period was expired on January 25, 201, and the Defendant filed an application for the instant payment order after the statute of limitations expired.

2. Determination as to the cause of claim

A. The Plaintiff received a loan from E Co., Ltd. before January 25, 2006, and did not pay the principal amount of KRW 9,688,00 and delayed damages up to now.

The Defendant acquired the instant claim from D Co., Ltd. as Seoul Northern District Court 2019 (11221)

The order for payment was filed with the assertion.

On November 1, 2019, the instant court issued a payment order (hereinafter “instant payment order”) with respect to “the Plaintiff and its KRW 38,004,791 and KRW 9,688,000,000, calculated at the rate of 18% per annum from October 18, 2019 to the date of full payment.” The instant payment order was served on the Plaintiff on November 7, 2019, and became final and conclusive on November 22, 2019.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

B. The notification of the transfer of the claim becomes effective upon arrival of the debtor. The arrival here refers to the condition in which the other party is deemed to have been placed in an objective condition where the other party can be aware of the content of the notification in light of social common sense, and it is not necessary for the debtor to receive it or to have known the content of the notification (see Supreme Court Decision 2010Da57, Apr. 15, 2010). Since it is recognized that the original payment order of this case, stating the fact that the Defendant acquired the claim of this case, was delivered to the Plaintiff on November 7, 2019, the notification of the transfer of the claim of this case is given to the Plaintiff on November 7, 2019.