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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, Eul borrowed 13,230,000 won from Samsung Card Co., Ltd. (hereinafter "Tsung Card") on October 29, 2002 at the maturity date of November 15, 2005; interest rate of the Samsung Card was set at 19% per annum; the defendant has jointly and severally guaranteed the above loans to Samsung Card on the same day; Samsung Card entered into an asset transfer agreement with the plaintiff on December 3, 2010; transferred the above loans to the plaintiff on December 22, 2010; and notified the plaintiff of the transfer of the above loans; the above claims can be recognized as having been added to the principal,528,612,612,269,979,970 won; and the remaining facts.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,219,190 and KRW 1,528,612, whichever is the day following the delivery date of the original copy of the instant payment order, to the day of full payment, 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 23, 2016 to the day of full payment.
The defendant's defense is asserted that the statute of limitations has expired five years after the date on which the plaintiff's claim for the loan of this case acquired by the plaintiff was due. On June 8, 2004, the plaintiff filed an application for debt settlement with the Credit Counseling and Recovery Commission for the debt settlement on the loan of this case on June 8, 2004, and approved the debt by paying monthly payment by October 22, 2012 through the Credit Counseling and Recovery Commission.
Comprehensively taking account of the overall purport of arguments in evidence Nos. 4-1, 2, 3, and 5, B applied for the commencement of credit recovery procedure through the Credit Counseling and Recovery Commission on June 8, 2004, including the Plaintiff’s credit, and B paid monthly payment by October 22, 2012 according to the debt settlement plan, and delayed payment.