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(영문) 대전지방법원 2018.05.23 2017가합108046

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the plaintiff's assertion is that the defendant borrowed a total of KRW 757 million from the bank of Korea, and the bank of Korea, Inc. thereafter, transferred its claim against the defendant to the Hyundai Switzerland 2 Savings Bank, Inc. (hereinafter "SB Savings Bank", and it was merged into the SB Savings Bank).

Since the Plaintiff acquired the above bonds from the SPS Savings Bank, the Defendant is obligated to pay the Plaintiff the amount of the acquired bonds as of November 2, 2017 to the Plaintiff, as of November 2, 2017, the principal amount of KRW 1,584,02,175, and the delay damages for delay of KRW 280,70,178.

The plaintiff's claim against the defendant against the defendant was already extinguished due to the completion of extinctive prescription.

Judgment

The plaintiff asserted that he acquired the claim against the defendant of the SPS Savings Bank from the SP Savings Bank, and that he again transferred the above claim to the SPS Savings Bank during the lawsuit of this case. Even if following the plaintiff's assertion, it cannot be deemed that the claim against the defendant of the SPS Savings Bank belongs to the plaintiff. Thus, the claim of this case is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.