1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On April 14, 1998, the Youngcheon Agricultural Cooperative borrowed 31,00,000 won as a general loan under the joint and several sureties of April 14, 1998 to the Defendant at the interest rate of 18% per annum, 24% per annum, and 14 April 2001 of the expiration date of the loan.

B. On June 28, 2013, Youngcheon Agricultural Cooperative transferred the above loan claims (principal KRW 30,443,268 as of May 31, 2013, interest KRW 20,432,692) to the Plaintiff, and the notice of the assignment of claims was given to the Defendant around June 23, 2014.

C. As of February 9, 2017, the principal and interest of the above loans are KRW 69,936,782, and among them, the principal and interest of the loans are KRW 30,443,268.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the acquisition amount of KRW 69,936,782 and delay damages for the principal amount of KRW 30,443,268, except in extenuating circumstances.

B. Defendant’s defense 1) The defense that the above loan claim has expired after the expiration of the extinctive prescription period. The fact that the above loan claim was due on April 14, 2001 is as seen earlier, and the lawsuit in this case is about five years from the beginning of the commercial extinctive prescription period (in the absence of any evidence to acknowledge that the Defendant is a member of the Youngcheon Agricultural Cooperative, it is reasonable to view the above loan claim as a commercial claim due to the act of business.

Since it is apparent that the above loans were filed on February 27, 2017 after the expiration of the period, the extinctive prescription had already expired prior to the filing of the instant lawsuit. Accordingly, the Defendant’s defenses are reasonable. 2) As to this, the Plaintiff received the Daegu District Court Decision 2000Kadan4143 on December 19, 200 on the land and the above D land owned by the Defendant as the preserved right on December 19, 200 by the Youngcheon-si District Court 200Kadan4143 on December 19, 200, and the registration of the provisional attachment entry was made on December 19, 200.