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1. The defendant shall pay to the plaintiff the amount of KRW 74,192,608 and KRW 19,66,000 among them, from November 26, 2015 to the date of full payment.
Reasons
1. The facts in the separate sheet of the reasons for the recognition of the facts may be found either in dispute between the parties or in the separate sheet of Gap 1 to 3, 5 to 10 (including each number), together with the whole purport of the pleadings.
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 74,192,608 as well as KRW 19,66,00 as well as damages for delay calculated at the rate of 17% per annum from November 26, 2015 to the date of full payment.
B. (1) The Defendant asserts that the statute of limitations defense by the Defendant was completed on December 30, 2013, that all of the claims for the instant loans that the Plaintiff acquired were incurred by the Defendant’s loan in 2003, and that the statute of limitations expired on December 30, 2013.
(2) On the other hand, according to the above evidence, the new card company applied for a payment order with respect to the bonds listed in the debt list No. 3 in the annexed Table No. 1209 of the reason for the claim (the old EL card loan loan loan claim) (the loan loan loan claim), and on July 30, 2009, the above court ordered the defendant to pay the principal amount of KRW 14,367,127 and overdue interest (the above payment order was served on August 3, 2009, and the above payment order became final and conclusive on August 18, 2009 (the new card company received the above payment order from the same court on October 22, 2009), it is clear that the plaintiff was subject to the above payment order under Article 165 (1) of the Civil Procedure Act and Article 47 (1) of the Civil Procedure Act before the expiration of the extinctive prescription period, and the above payment order became final and conclusive on October 22, 2009.
In addition, according to the above evidence, the Korea Exchange Bank applied for a payment order to the above court with respect to each claim listed in Nos. 1, 2, 4, 5, and 6 of the above Credit List.