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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 2001, the Plaintiff borrowed KRW 1,900,000 from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) at the lending period of 24 months, the agreement rate of 22% per annum, and the overdue interest rate of 29% per annum.
Since then, the Plaintiff did not pay the above loan (hereinafter “instant loan”) and thereby lost the benefit of time.
B. Hyundai Capital, Inc., filed a lawsuit against the Plaintiff seeking the payment of the instant loan by the Incheon District Court 2005 Ghana486230, and in the instant case, the said decision of performance recommendation became final and conclusive on November 29, 2005 on the ground that the Plaintiff did not raise any objection after being served with the court’s decision of performance recommendation.
C. After that, on May 31, 201, Hyundai Capital transferred its claim for the instant loan to DFC Loan Co., Ltd., and DFFC Co., Ltd. transferred its claim for the instant loan to the Defendant on August 20, 2012.
The defendant against the plaintiff as Seoul Eastern District Court 2013 tea6391
C. On February 6, 2013, an application for a payment order seeking payment of principal and interest of the bonds that were acquired as described above, KRW 4,537,695, and KRW 1,834,474, among them, was issued on February 6, 2013. The above payment order was served on the Plaintiff on February 13, 2013, and was finalized on February 28, 2013 due to the Plaintiff’s no objection.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 3, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s claim for the instant loan constitutes a commercial obligation since the Plaintiff was granted a loan from Hyundai Capital upon purchasing a motor vehicle on November 3, 2001. Since the period of extinctive prescription has expired five years after the Plaintiff’s loan, not only the period of extinctive prescription has already expired but also the Plaintiff was granted a immunity decision by the Daegu District Court 201Da4490, and thus, the Plaintiff is liable to the Defendant.