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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim against the defendant is dismissed.
3. The defendant.
Reasons
1. Facts of recognition;
A. On August 19, 1997, the Chuncheon Central Saemaul Bank extended a loan to the Defendant at an interest rate of KRW 14.5% per annum, interest rate of arrears rate of KRW 20 million per annum, 22% per annum, and the date of repayment on August 19, 199 (hereinafter “instant loan”).
B. On April 19, 201, the Chuncheon Central Saemaul Bank transferred the instant loan claims to IMC Loan Co., Ltd. on the third day, and IMC Loan Co., Ltd transferred the instant loan claims to the Plaintiff as of December 7, 2011, and each of the above assignment of claims was notified to the Defendant at the time of the above assignment of claims.
C. On October 8, 2012, the Network B, a joint and several surety, repaid the Plaintiff the instant loan amounting to KRW 28 million. The said KRW 28 million, out of the instant loan, was appropriated for the repayment of the principal amounting to KRW 12,352,979, the provisional payment of KRW 187,020, the provisional payment of KRW 15,206,562, overdue interest of KRW 253,439, respectively. The instant loan obligation remains the principal amounting to KRW 99,671 as of October 8, 2012.
As of February 15, 2013, the loans in this case as of February 15, 201 are the principal amounting to KRW 99,671 and overdue interest amounting to KRW 1,841,419.
E. On June 21, 2013, the Plaintiff transferred the instant loan claim to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the assignment of the said claim on June 23, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 9, and Eul evidence 1 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff at the rate of 22% per annum from February 16, 2013 to the date of full payment of KRW 1,941,09 and the principal amount of KRW 9,671 among them.
B. On this basis, the defendant defenses that the claim of the instant loan has expired by prescription, and according to all the provisions of the Community Credit Cooperatives Act, the community credit cooperatives are in Korea's own mutual aid spirit.