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(영문) 서울중앙지방법원 2016.08.10 2016가단5106264

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence evidence No. 1 to No. 4 of the judgment as to the cause of the claim, it can be acknowledged that Aju Capital Co., Ltd. lent KRW 40,000,000 to the Defendant on December 18, 2006 on the condition that it redeems the Defendant in installments for 36 months from January 26, 2007 (hereinafter “instant loan claim”), and the Plaintiff acquired the instant loan claim from Aju Capital Co., Ltd. on May 1, 2010, and thereafter, the assignment of claim was notified at that time.

2. Judgment on the defendant's defense

A. The defendant asserts that the claim of the instant loan has expired by prescription.

B. According to the facts as seen earlier, it is apparent that the instant loan claims were filed at the latest after the lapse of 36 months from January 26, 2007, and on December 26, 2009, and five years from the date of the final payment.

Therefore, it is recognized that the Plaintiff’s claim against the Defendant was extinguished by prescription.

3. Dismissal of the Plaintiff’s claim