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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. The Plaintiff did not pay the loan upon entering into a contract corresponding to each loan item with the financial institutions listed below, and the remaining amount of the loan that was not repaid as of December 18, 2018 is KRW 24,02,576 in total.
No. 11,763,3965, 3246 E- Card No. 2,171,0777 FF Bank's Card No. 2 C on February 18, 2004, 206, Mar. 17, 2003 27, 2004, 548,376 4 D Bank Credit Card No. 11,763,3965, 3245, 3246 E- card No. 2,171, 077 FF Bank's Credit Card No. 264,515, 6364, 26275, 276275, 204
B. Around July 19, 2005, each of the above financial institutions transferred each of the above claims (hereinafter “instant claims”) to the Defendant, and notified the Plaintiff of each of the above claims assignment around August 12, 2005.
C. On July 25, 2011, the Plaintiff, upon requesting the Defendant to adjust the obligation of the basic recipient, including the instant claim, drafted a letter of request for the approval of the obligation and a letter of undertaking (hereinafter referred to as “instant letter of debt settlement”) stating that “The present amount of the obligation against the Defendant is KRW 24,144,576 (based on principal)” and each 61,000 won shall be repaid from August 25, 201 to June 25, 2021, with the amount of KRW 61,24,000 each 119 times per month from August 25, 2011.”
The Plaintiff repaid KRW 61,000 to the Defendant on September 2, 2011 and September 30, 2011.
【Ground of recognition】 The fact that there has been no dispute, Gap 2, 3 evidence, Eul 1 and 2 evidence (including additional evidence, if any), the purport of the whole pleadings
2. On the other hand, the Plaintiff asserts that the extinctive prescription of the instant claim has expired more than five years after the lapse of five years, a commercial extinctive prescription period. However, it is apparent that the instant claim has expired more than five years after the due date or the date of occurrence of the claim (if the repayment period is unclear), but on the other hand, on July 25, 201, the Plaintiff approved the instant claim to the Defendant and repaid the instant claim in installments.