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(영문) 부산지방법원동부지원 2020.11.12 2020가단200292

채무부존재확인

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1. The principal amounting to KRW 9,00,000 based on the loan extended by the Busan District Court Decision 2001Da445696 against the Defendant and this shall apply.

Reasons

In full view of the purport of the arguments in the evidence Nos. 1 and 2 as a whole, C filed a lawsuit against the Plaintiff seeking a loan of KRW 2001Da445696, the Busan District Court rendered a favorable judgment on January 9, 2002. The above judgment became final and conclusive on February 2002. C transferred the above claim against the Plaintiff to the Defendant on November 21, 2019, and the Defendant notified the Plaintiff of the assignment of claim at around that time.

According to the above facts of recognition, C’s above claim against the Plaintiff was extinguished by the completion of extinctive prescription on February 2, 2012 after the lapse of 10 years from February 2002 when the judgment became final and conclusive, and the Defendant is dissatisfied with this, so there is a benefit to seek confirmation of the existence of the obligation.

Therefore, we decide to accept the plaintiff's claim and it is so decided as per Disposition.