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(영문) 서울중앙지방법원 2019.09.20 2019가단5096122

양수금

Text

1. Of the instant lawsuit, the principal amount of the claim acquired from C Co., Ltd. is KRW 6,764,835 and interest thereon.

Reasons

1. Basic facts

A. The Defendant received loans, etc. from each financial institution listed in the following specification of claims (hereinafter “the financial institution of this case”) but did not pay the principal and interest. The balance of principal and interest of loan as of March 24, 2019 is as listed in the following specification of claims.

D E E E E CF

B. The Plaintiff (formerly named: Company G) acquired the claim against the Defendant from the instant financial institution, and notified the Defendant of the assignment of the claim on December 2, 2009 and January 5, 2017, with the delegation of the notification authority from the instant financial institution.

C. Meanwhile, at the time of the above loan, the defendant decided to follow the overdue interest rate set by the financial institution of this case, and the present overdue interest rate is 15% per annum.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. We examine whether this part of the lawsuit is lawful ex officio, ex officio, on the part of the claim that was acquired by C Co., Ltd. (hereinafter “C”).

Article 165(1) of the Civil Act provides that the period of extinctive prescription of a claim established by a judgment shall be ten years, even in cases where the claim falls under the short-term extinctive prescription. Accordingly, once the existence of a claim becomes final and conclusive by a final and conclusive judgment, the period of extinctive prescription shall be deemed to have been changed to ten years, and the period of extinctive prescription of a claim subject to short-term extinctive prescription shall also be deemed to have been changed to that of ten years. Of the grounds interrupting extinctive prescription, the effect of extinctive prescription by “a seizure” among the grounds interrupting extinctive prescription shall be deemed to have ceased when the seizure is rescinded or the execution procedure is terminated (see, e.g., Supreme Court Decision 2016Da239840, Apr. 2

(Article 178 (1) of the Civil Act). Since a final and conclusive judgment has res judicata effect, the party who received the final and conclusive judgment against the other party.