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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.
Reasons
1. Facts of recognition;
A. On November 6, 2002, the Defendant entered into a loan agreement (hereinafter “instant loan agreement”) with C on a set of 24 months of the loan period, 200,000 won as 24 months of the repayment date, 16% per annum, 24% per annum, and 24% per annum.
B. On September 26, 2003, D Co., Ltd. transferred loans of KRW 1,949,358 under the instant loan agreement and all rights incidental thereto (hereinafter “the instant loan claims”) to D Co., Ltd., and notified the Defendant of the transfer. D Co., Ltd., on June 15, 2011, transferred each of the instant loan claims to E Co., Ltd., and E Co., Ltd., to E Co., Ltd., on February 13, 2013, and the Plaintiff was delegated with the power of notification of transfer by order from D Co., Ltd and E Co., Ltd., and notified the Defendant of the transfer on March 19, 2013. [In the absence of any dispute over the grounds for recognition, each of the entries in subparagraphs 1 through 4, and the purport of the entire pleadings
2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff, who is the final transferee of the claim of this case, the amount of KRW 1,949,358 and damages for delay calculated at the rate of 20% per annum for the plaintiff within the scope of the agreed damages for delay from September 27, 2003 to the date of full payment.
3. The defendant's defense of extinctive prescription is proved to have expired after the expiration of the extinctive prescription period. Thus, the period of extinctive prescription of five years shall be applied to the claim of this case from the commercial claim of the Co., Ltd. which occurred from the business activity of the Co., Ltd. which is the merchant. However, since it is apparent that the plaintiff's lawsuit of this case was filed on November 21, 2013, which was five years after the date when the claim of this case was due, the period of extinctive prescription has expired before the lawsuit of this case is filed.
Therefore, the defendant's defense is justified.
4. Conclusion, the plaintiff's objection.