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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
1. Basic facts
A. On June 27, 1996, the Choungung Bank Co., Ltd. (hereinafter “Mediation Bank”) extended a loan of KRW 30 million to the Defendant on June 27, 1999. On April 30, 2001, the Defendant failed to pay the above money after the due date for payment. On April 30, 2001, he transferred the outstanding payment amount of KRW 11,534,703 to the Specialized Asset-Backed Co., Ltd. (hereinafter “Chovat”) and delayed payment (hereinafter “the claim in this case”). On October 6, 2009, the Chovat Ltd Co., Ltd. (hereinafter “CB”) notified the Defendant of the transfer of the claim in this case by mail.
B. On June 21, 2013, C&B notified the Defendant of the transfer of the instant claim by content-certified mail on June 23, 2014 when transferring the instant claim to the Plaintiff.
C. The instant claim against the Defendant remains in KRW 11,534,703 as of June 13, 2016 and interest KRW 43,93,989.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence (including paper numbers) and the purport of the whole pleadings
2. According to the facts of the above determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the principal and interest of the instant claim amounting to KRW 55,528,692 in thickness (i.e., the principal and interest of KRW 11,534,703 and interest of KRW 43,93,989), and delay damages for the principal and interest of KRW 11,534,703 among them.
3. Judgment on the defendant's assertion
A. (1) The defendant's defense of the extinctive prescription is proved to have expired after the completion of the statute of limitations. Thus, the claim of this case is a commercial claim of the above Choung Bank, a merchant, and its extinctive prescription is five years in accordance with the main sentence of Article 64 of the Commercial Act. The plaintiff's written application for the payment order of this case is the claim of this case.