beta
(영문) 서울중앙지방법원 2018.09.19 2018가단5051368

양수금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On October 9, 195, the Industrial Bank of Korea concluded a discount bill, loan amounting to 32,626,00 won, transaction period from October 9, 1995 to January 24, 1996 (hereinafter “instant loan agreement”) with C Co., Ltd. (hereinafter “C”); and D, the representative director of C, guaranteed C’s debt obligations under the instant loan agreement.

On December 29, 1998, the Industrial Bank of Korea transferred claims based on the instant loan agreement to the Plaintiff and notified the obligor of the transfer.

C and D delayed repayment of the obligation under the instant loan agreement, and the principal amounting to KRW 163,289,411 as of December 25, 2017 remains. Of these, the principal amount is KRW 32,626,411.

(hereinafter referred to as “the principal and interest of this case”). D died on March 7, 2003, and D jointly inherited Defendant A and Defendant B, his wife, jointly.

[Grounds for recognition] No dispute exists, and the plaintiff sought payment of the principal and interest of the case against the defendants who are inheritors of D on the ground that the plaintiff acquired claims against D based on the loan agreement of this case, based on the judgment as to the grounds for a claim as to the items in Gap's evidence Nos. 1 through 4 and the whole purport of the argument as a whole, the defendants raised objection

On the other hand, the period of commercial bill discount pursuant to the loan agreement of this case exceeds January 24, 1996, and the five-year commercial statute statute of limitations has lapsed. There is no other evidence to prove that the statute of limitations for the obligations under the loan agreement of this case has been interrupted. Thus, the defendants' defense is justified.

Thus, the plaintiff's claim against the defendants on the premise that the claim based on the loan agreement of this case still remains valid is without merit.

The plaintiff's claim of this case is correct.