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(영문) 서울중앙지방법원 2015.06.02 2014가단5300956

양수금

Text

1. The defendant shall pay to the plaintiff KRW 32,691,931 and KRW 22,691,55 among them, from August 5, 2014 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition [the basis for recognition] Gap evidence Nos. 1 through 6 (including the paper number), the entire purport of pleadings 1) The National Card Co., Ltd. extended two credit card loans to the defendant at no later than the due date, and the National Bank Co., Ltd. extended one general loan to the defendant at no later than the due date prior to 2008, with the limit of KRW 9,000,000 to the defendant. 2) The National Card Co., Ltd. transferred the total amount of the defendant's unpaid principal and interest claims due to the two credit card loans as referred to in the preceding paragraph to the plaintiff on June 21, 2013, and the National Card Co., Ltd transferred the total amount of the defendant's unpaid principal and interest claims due to the general loan as referred to in the preceding paragraph to the plaintiff on July 5, 2013, on behalf of each of the above financial institutions on March 25, 2015.

3. The details such as the principal balance and interest of each of the above loans that the Defendant failed to pay as of August 4, 2014 are as listed below, and the ratio of delay damages that the Defendant has to pay after the date when assets are fixed is 17% per annum.

A A

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 32,691,931 in total and KRW 22,691,55 in outstanding principal and delayed payment of each of the above loans and KRW 17% in total from August 5, 2014 to the date of full payment.

2. Determination on the statute of limitations defense

A. The defendant's assertion that each of the above loans the plaintiff acquired is subject to the five-year commercial prescription period, and even if the ten-year prescription period is applicable since each of the above loans is a civil claim, the above loans shall be extinguished upon the expiration of the ten-year prescription period. The plaintiff's above two claims that the plaintiff acquired from the national card shall be repaid.