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(영문) 부산지방법원동부지원 2017.05.31 2016가단211523

양수금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 through 7 of the judgment as to the cause of the claim, the defendant is obligated to pay the money recorded in the order to the plaintiff.

2. The defendant asserts that the defendant's claim against the defendant was extinguished by the completion of commercial extinctive prescription.

In full view of the purport of the entire pleadings in Gap evidence No. 10, the court below found the following facts: (a) during the auction procedure on September 16, 2009, 2009, 196, and collected KRW 291,496,912 out of the defendant's credit against the defendant; and (b) transferred the remainder of the credit to SBA Savings Bank; and (c) the SBA Savings Bank again transferred the credit to the plaintiff.

Meanwhile, the Plaintiff filed an application for the instant payment order on May 20, 2016 with the lapse of five years from the date when the Plaintiff, the transferor of the instant claim, filed an application for the instant payment order. As such, the Plaintiff’s claim became extinct upon the completion of the extinctive prescription period for commercial claims.

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