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(영문) 부산지방법원 2017.07.13 2016나55209

양수금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On October 12, 2000, EL branch card Co., Ltd. (former trade name before the alteration: EL branch card; hereinafter “EL branch card”) entered into an installment financing agreement with the Defendant with the amount of KRW 3,000,000 per annum, interest rate of KRW 25% per annum, and 24 months during the loan period.

(hereinafter “instant agreement”). (b)

From March 27, 2002, the Defendant delayed to repay the money borrowed under the instant agreement, and the remaining principal of the debt remaining as of October 24, 2003 is KRW 2,044,625.

C. On October 24, 2003, ELD Card entered into an asset transfer contract with ELD Investment Securities Co., Ltd., and transferred the instant claim against ELD Investment Securities Co., Ltd., on the same day, ELD Investment Securities Co., Ltd. entered into an asset transfer contract with the Plaintiff and transferred the said claim to the Plaintiff. On December 18, 2003, ELD Investment Securities Co., Ltd. notified the Defendant of the acquisition of KRW 2,04,625 of the said claim principal pursuant to Article 7(1) of the Asset-Backed Securitization Act.

Meanwhile, the Defendant repaid the principal amount of KRW 5,400 after the date of the foregoing transfer and repaid the principal amount of KRW 2,039,225 won (=2,04,625 won - 5,400) remaining as of May 16, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 2,039,225 won and damages for delay from October 25, 2003, which is the day following the assignment date of the above claim sought by the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's defense

A. The defendant's defense of extinctive prescription is the defense that the claim of this case was extinguished by the prescription from March 27, 2002, which was the first day of arrears, five years after the commercial extinctive prescription period.

It is evident that the instant lawsuit was filed on January 25, 2013, after five years from March 27, 2002, which was the starting date of arrears.

However, in full view of the purport of the whole pleadings in the statement No. 7 of the evidence No. 7, the El branch card is.