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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 24, 2003, C Co., Ltd. acquired a loan claim against the Plaintiff (hereinafter “instant loan claim”) from D on the same day, and the Defendant acquired a loan claim against the Plaintiff from C Co., Ltd. on the same day. Pursuant to each of the above assignment contracts, C Co., Ltd. and the Defendant notified the Plaintiff on December 18, 2003 of each of the above assignment claims by content-certified mail.
B. On August 5, 2008, the Defendant applied for a payment order with Busan District Court Decision 2008Hu14291 on the ground that the Plaintiff did not repay the instant loan claim. On August 6, 2008, the Defendant was issued a payment order with the content that “the Plaintiff shall pay to the Defendant the amount of KRW 3,169,953 and the amount of KRW 17% per annum from October 25, 2003 to August 13, 2008, and 20% per annum from the next day to the date of full payment (hereinafter “previous payment order”). The previous payment order was finalized on August 28, 2008.
C. On July 24, 2018, the Defendant applied for a payment order (hereinafter “instant payment order”) with the Busan District Court Branch Branch Branch of Busan District Court Decision 2018 tea6255 on July 26, 2018 for the interruption of the extinctive prescription of a claim for the amount of money receivable under the previous payment order, and on July 26, 2018, the Defendant received the payment order (hereinafter “instant payment order”) with the content that “the Plaintiff would pay the Defendant the amount of KRW 3,169,953 as well as the amount of KRW 17% per annum from October 25, 2003 to August 13, 2008; from August 14, 2008 to September 30, 2015; and from October 1, 2015 to the date of full payment”). The instant payment order became final and conclusive on August 14, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 3, Gap evidence 2 and 3-1, 2, Eul evidence 1 to 5, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s claim for the loan of this case is subject to the five-year commercial prescription, and five years have elapsed since the date of maturity of the loan claim of this case or the date of loss of the benefit of time due on August 5, 2008, which was the date of application for the previous payment order.