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(영문) 서울중앙지방법원 2015.11.10 2014가단5333659

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. As of March 22, 2002, the Defendant obtained a loan from the New Port of Korea on March 22, 2002 at the interest rate of 13% per annum on March 22, 2004, and at the rate of 18% per annum on delay compensation, and there remain 5,123,220 won per annum on November 14, 2014, where the principal of the loan obligation as above remains 3,043,813 won, and the New Port of Korea (Korea Community Credit Cooperatives) transferred the above loan obligation to the Plaintiff on June 28, 2013 pursuant to Article 7(1) of the Asset Transfer Agreement and Asset-Backed Securitization Act, and the Plaintiff notified the Defendant of the said transfer right immediately thereafter, or can be recognized by taking into account the overall purport of each entry and pleading as stated in the claim purport, the Defendant is obligated to pay the amount to the Plaintiff.

2. The defendant's assertion against the defendant asserts that the above loan obligation against the new claim of community credit cooperatives has expired by the statute of limitations. Thus, it is apparent that the above loan obligation has expired by the lapse of five years from March 22, 2004, the repayment date, and it is obvious that the above lawsuit was filed in this case after the expiration of the above commercial claim.

Therefore, the defendant's assertion of extinctive prescription is justified.

3. The plaintiff's claim of this case is dismissed as it is without merit.