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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On December 27, 1995, the Gyeonggi Bank Co., Ltd. (hereinafter “the Gyeonggi Bank”) loaned KRW 25 million to Plaintiff A on the date of repayment under the joint and several guarantee of Plaintiff B on December 27, 1995. The above loan claims (hereinafter “the instant claim”) were transferred in sequence to the Korea Asset Management Corporation and the Defendant, and each of the above assignment of claims was notified to the Plaintiffs.
B. On December 7, 2006, the Korea Asset Management Corporation filed a lawsuit against the plaintiffs on December 7, 2006 against the Incheon District Court Decision 2006Da56704, "The plaintiffs jointly and severally filed a lawsuit against the Korea Asset Management Corporation of KRW 47,102,755 won (= principal principal 17,369,972 interest and delay damages 31,732,803 won) and the amount calculated at the rate of 18% per annum from October 19, 2006 to the date of full payment." The decision of performance recommendation with respect to the plaintiff Eul was finalized on March 24, 2007, and the judgment of winning the Korea Asset Management Corporation with respect to the plaintiff Eul was finalized on July 19, 207.
C. On December 24, 2012, the Defendant filed an application for the instant payment order (hereinafter “instant payment order”) with the Seoul Central District Court Decision 2012 tea2,21956, and the instant payment order was finalized on February 6, 2013.
[Ground of recognition] Facts without dispute, Gap 1, Gap 2, Eul 1 to Eul 4-3, the purport of the whole pleadings
2. The Plaintiffs asserts that the enforcement force of the payment order should be excluded, inasmuch as the five-year extinctive prescription for the instant claim has expired, and subsequent application for the instant payment order was filed after the five-year extinctive prescription for the instant claim.
In light of the above, the instant claim constitutes a commercial claim, the extinctive prescription of which is five years, and the fact that the instant payment order was filed on December 24, 2012 is as seen earlier. Therefore, even based on December 27, 1998, the date of loss of interest prior to the due date can be seen.