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(영문) 서울중앙지방법원 2018.05.15 2017나90621

양수금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 17, 1997, the Defendant borrowed 10,000,000 won from the National Federation of Fisheries Cooperatives at an annual interest rate of 13.25% per annum, 19% per annum, and 17 June 17, 1999.

(hereinafter “instant loan”). Since then, the repayment period of the said loan extended on June 17, 200.

B. The instant loans issued by the National Federation of Fisheries Cooperatives, on December 12, 2000, were transferred to a limited company specializing in the first asset-backed securitization of NFFC, to a limited company specializing in the global assets-backed securitization on September 18, 2002, to a limited company specializing in the global assets-backed securitization on June 23, 2005, to a promotion savings bank corporation (former mutual savings bank (former mutual savings bank (former mutual savings bank), to a joint stock company on June 15, 201, to a joint stock company on June 15, 201, to a mentora loan company on September 7, 201, and to the Plaintiff on November 12, 2014, respectively.

C. As of December 9, 2015, the claim for the instant loan that the Plaintiff acquired as above remains in KRW 25,547,094 in the aggregate of the principal amount of KRW 7,00,000,000, overdue interest of KRW 18,547,094.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the assignee of the claim for the loan of this case, 25,547,094 won totaling the principal and interest of the loan of this case, and 7,000,000 won among the principal and interest thereof, calculated at the rate of 15% per annum as requested by the Plaintiff, within the agreed damages rate from April 22, 2016 to the date of complete payment, which is the day following the above basic date.

B. As to the defendant's defense, the defendant defenses that the defendant's claim for the loan of this case expired by prescription before the lawsuit of this case is filed.

Therefore, in addition to the statement of No. 5, the National Federation of Fisheries Cooperatives, on December 10, 2001, filed a lawsuit claiming loans against the defendant et al.