1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On October 10, 2002, the Plaintiff’s assertion Symanf loan lent KRW 1 million to the Defendant on a fixed basis with the interest rate of KRW 66% and the overdue interest rate of KRW 30% and the repayment date. On December 26, 2007, the Defendant sent the content-certified mail notifying the Defendant of the assignment of the claim, and on December 28, 2007, transferred the said claim to the Plaintiff on December 28, 2007, the Defendant is obligated to pay the amount claimed to the Plaintiff.

B. The extinctive prescription under the Commercial Act was completed after the lapse of five years from November 1, 2006, which was the due date for the Defendant’s claim.

2. The five-year extinctive prescription is applicable to a claim that the Plaintiff acquired through commercial activities. The fact that the instant lawsuit was filed on January 8, 2014, past five years from November 1, 2006, which was the due date for payment of the said claim, is apparent in the record.

Therefore, the above claim was completed by the five-year commercial extinctive prescription, and the defendant's defense is justified.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance with different conclusions is unfair, and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.