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(영문) 서울중앙지방법원 2016.11.30 2016가단5079928

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

If the purport of the whole pleadings is added to each entry in Gap evidence Nos. 1 through 4, it shall be attached.

As indicated in the cause of the claim, it can be recognized that the Defendant received a loan from the Peace Bank Co., Ltd. on August 21, 1995, as the due date set on August 21, 1996, and thereafter the Plaintiff acquired a claim against the Defendant.

In this regard, the defendant asserts that the extinctive prescription of the above claim has expired.

Since a claim for a loan against the defendant of the Peace Bank Co., Ltd. is a commercial claim, the extinctive prescription period is five years.

On August 21, 1996, the Plaintiff, the assignee of the above claim, filed the instant lawsuit on April 11, 2016, which was apparent that five years have elapsed since August 21, 1996.

The plaintiff's claim has expired.

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