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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. C Co., Ltd. (hereinafter “C”) loaned KRW 36,080,000 to the Defendant on March 24, 2006
(hereinafter “instant loans”). (b)
C on July 31, 2017, the Plaintiff transferred the instant loan claim to the Plaintiff. On October 12, 2017, the Plaintiff was delegated with the power of notice of transfer by C and notified the Defendant of the assignment of the said claim.
C. As of September 28, 2017, the claim for the instant loan remains 62,584,271 won in total, including the principal amount of KRW 21,050,154, overdue interest of KRW 41,534,117, etc.
On January 5, 2018, the Plaintiff applied for the instant payment order.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers), and the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay damages for delay at the rate of 15% per annum from January 12, 2018 to the date of full payment after serving the original copy of the instant payment order, as sought by the Plaintiff, to the Plaintiff, the transferee of the instant loan claim, the sum of KRW 62,584,271, and the principal amount of KRW 21,050,154, out of them.
B. The Defendant’s defense 1) The defense that the extinctive prescription of the instant loan claim has expired. 2) The instant loan claim constitutes a commercial claim to which the five-year extinctive prescription period under Article 64 of the Commercial Act applies.
3. In full view of the results of the first instance court’s financial transaction information conference with C and the purport of the entire pleadings, the Defendant can be recognized as having repaid part of the instant loan by June 22, 2015. As such, the statute of limitations of the instant loan claims is interrupted by the said partial repayment corresponding to the recognition of the obligation, and the period of the five-year statute of limitations runs again from June 23, 2015, following the Defendant’s final repayment. As such, the instant loan claims are subject to the period of the five-year statute of limitations.