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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. Each of the financial institutions listed below (hereinafter “financial institution of this case”) held against the Defendant a claim for each of the loan subjects (hereinafter “claim for the loan of this case”). However, on February 28, 2015, the balance and overdue interest of the loan of this case as of February 28, 2015 are listed as follows:
On April 23, 1996, a new bank certificate loan with 195,7303,178,854 4,174,584,584, 27 June 27, 1997, 25,681,8810 78,8323,104,565,1333 333, June 27, 1997, 198, 222, 415,463,463,463,463,47, 197, 194, 1963, 194, 196, 194, 15, 195, 196, 194, 25, 1963, 194, 196, 25, 194, 196, 194, 1636, 194
B. The instant financial institution transferred the instant loan claim to the Plaintiff on May 13, 2005, and the Plaintiff notified the Defendant of the transfer pursuant to Article 7(1) of the Asset-Backed Securitization Act.
C. The interest rate for arrears after the assignment of the above credit that applies to the loan claim of this case is 17% per annum.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (each number omitted), and purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from March 1, 2015 to the date of full payment, as to the total amount of KRW 151,946,047 and the balance of the loan, and the total amount of KRW 37,532,663, barring special circumstances.
3. The defendant's defense of the expiration of the extinctive prescription is asserted that the extinctive prescription period of the loan claim of this case has expired five or ten years after the due date. Thus, this case's defense is asserted that the due date of the loan claim of this case has expired. The payment period of the loan claim of this case is April 23, 1998, June 27, 1997 and May 22, 1998.