1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. The plaintiff's successor's claim is dismissed.

3...

1. Basic facts

A. On March 19, 2002, the Promotion Savings Bank Co., Ltd. (the first “Mutual Savings Bank” was changed to “Promotion Mutual Savings Bank Co., Ltd.” and the present trade name on September 3, 2010; hereinafter “Promotion Savings Bank”) extended a loan of KRW 2,000,000 per annum to the Defendant on December 28, 2001 at an annual interest rate of 40%, and due date of repayment on June 28, 2002.

B. On April 22, 2009, the Promotion Savings Bank filed the instant lawsuit seeking the payment of principal and interest (i.e., principal and interest KRW 6,356,573, Dec. 11, 2008 (i.e., principal and interest KRW 1,354,538, and damages for delay) and damages for delay (i.e., KRW 5,002,538) and damages for delay.

In the first instance court, the procedure was conducted from the service of a copy of the complaint against the defendant through service by public notice, and on June 26, 2009, the judgment of accepting all the claim of the promotion savings bank was rendered.

This judgment became final and conclusive around that time.

C. The principal and interest of the instant loans were transferred from the Promotion Savings Bank, to the Korea-limited company Korea Loan Finance on June 15, 201, and to the succeeding intervenor on November 1, 201 of the same year.

The Promotion Savings Bank was declared bankrupt on May 20, 2013 (this Court 2013Hahap64).

The plaintiff appointed as bankruptcy trustee succeeded to the status of the promotion savings bank in this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The plaintiff is the bankruptcy trustee of the Promotion Savings Bank that lent the instant loan to the plaintiff and the succeeding intervenor, and the succeeding intervenor seeks payment of the principal and interest of the instant loan to the defendant as the transferee of the instant loan claims.

In this case, since the loan of this case was loaned for the business activities of the Promotion Savings Bank, the extinctive prescription period is five years.

(Article 64 of the Commercial Act). The fact that the Promotion Savings Bank filed the instant lawsuit on April 22, 2009, which was five years from June 28, 2002, which was the due date for the instant loan, shall be earlier.