Text
1. As to KRW 63,911,454 and KRW 26,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 63,91,454 from August 17, 2016 to October 16, 2016.
Reasons
1. Facts of recognition;
A. On December 15, 2006, the National Agricultural Cooperative Federation (hereinafter “CF”) extended a loan to the Defendant of KRW 26 million (hereinafter “CF”) with the repayment date fixed on December 15, 2008 as the repayment date set on December 15, 2008.
B. When the Defendant was unable to repay the instant loan by the date of repayment, the NAF filed an application for payment order against the Defendant with the Daejeon District Court 2009 tea4076, and the said court ordered payment on April 14, 2009, which became final and conclusive on July 3, 2009 after the delivery on June 18, 2009 to the Defendant.
C. On August 29, 2012, the National Agricultural Cooperatives Federation transferred the instant principal and interest of loan to the Plaintiff, and notified the Defendant of the above transfer, and around that time, notified the Defendant.
As of August 16, 2016, the Defendant’s obligation to the Plaintiff for the principal and interest of the instant loan amounting to KRW 26 million and interest KRW 37,911,454 in total, KRW 63,91,454 in total, and the agreed interest rate on the instant loan is KRW 15.5% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, who acquired the instant loan claim from the NACF as of August 16, 2016 at the rate of 15.5% per annum from August 17, 2016 to October 16, 2016, as of August 16, 2016, a total of KRW 63,911,454 of the principal and interest of the instant loan claim as of August 16, 2016, and the principal of the loan principal of KRW 26,00,000,000 following the base date of the principal and interest of the instant loan claim.
B. The Defendant alleged that the repayment date of the instant loan was December 15, 2008, and thus, the Plaintiff’s claim for the instant loan has expired due to the lapse of the five-year commercial statute of limitations. Therefore, the Dominl and the Agricultural Cooperatives Federation shall be deemed to have expired.