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(영문) 대구지방법원 2017.01.10 2016가단116463

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion;

A. The Plaintiff, Nonparty 1 lent the amount of KRW 18,50,000 on September 14, 1998 to the Defendant at the rate of KRW 18.5% per annum, interest rate of KRW 18.5% per annum, and delay compensation rate of KRW 25% per annum. ② On July 10, 1997, Nonparty 1 lent the amount of KRW 50,000 on July 10, 1997 to the Defendant at the rate of KRW 13.5% per annum, interest rate of KRW 13.5% per annum, and delay compensation rate of KRW 21% per annum.

Before May 7, 2001, the Defendant did not repay the total amount of KRW 9,036,764,000,000,000, and ② did not repay the interest on the loan and damages for delay.

The Plaintiff received the transfer of each of the above interest and damages for delay from the Daegu-do Agricultural Cooperatives (= KRW 9,036,764, KRW 28,456,894), barring any special circumstance, the Defendant shall pay the Plaintiff, barring any special circumstance.

B. The above interest and damages for delay that the Defendant Plaintiff acquired were subject to the statute of limitations of three to five years.

2. Determination

A. The statute of limitations of three to five years shall apply to the Plaintiff’s claim on the acquisition of the claim, which is the interest or delay damages claim, as to the expiration of the statute of limitations.

The Plaintiff’s claim for the amount of the acquired money was created before May 7, 2001, which is at least the dividend date in the auction procedure for the real estate owned by the Defendant, and there is no mutual dispute, and it is evident in the record that the instant lawsuit was filed on May 31, 201, when three to five years have passed thereafter. Thus, barring any special circumstance, the Plaintiff’s claim for the amount of the acquired money expired by prescription.

B. The Plaintiff asserts that the Defendant, while filing an application for exemption from the Daegu District Court Decision 2015Hadan1335 and 2015, stated the Plaintiff’s claim against the Plaintiff in the creditors’ list as the Plaintiff’s claim was approved.

It is known that the debtor who is the party who is the party who is the party to whom the statute of limitations has expired will lose the claim due to the completion of the statute of limitations, or his/her representative has the other party's right or obligation.