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(영문) 서울동부지방법원 2018.01.19 2017나2160

양수금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On January 10, 2007, the Plaintiff asserted that the Defendant borrowed KRW 1,200,000 from Nonparty MwonD Co., Ltd. (hereinafter “Nonindicted Company”).

On December 31, 2007, the Plaintiff acquired a loan claim from the non-party company against the Defendant.

The principal of the loan at the time of the transfer is KRW 1,069,347.

B. The Defendant’s claim for the above loans expired five years after the lapse of the commercial extinctive prescription.

2. However, even if the Defendant received a loan from the non-party company as alleged by the Plaintiff, the above loan claims are subject to the five-year commercial statute of limitations with commercial claims arising from commercial activities, such as lending by the non-party company which is the merchant.

It is evident that the lawsuit in this case was filed after the lapse of five years from April 22, 2007, in which some of the above loan claims were made, and the final payment was made.

Therefore, the above loans were extinguished by the completion of the statute of limitations.

3. The plaintiff's claim for the conclusion is dismissed as there is no reasonable ground.

Since the judgment of the first instance is unfair in conclusion with different conclusions, the defendant's appeal is accepted and the judgment of the first instance is revoked and the plaintiff's claim is dismissed.