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(영문) 서울중앙지방법원 2016.11.17 2015가단5368942

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 183,189,531 and the interest rate of KRW 15% per annum from May 3, 2016 to the date of complete payment.

Reasons

On October 17, 2002, Han Bank entered into a credit transaction agreement with the defendant to apply the basic terms and conditions for bank credit transaction (hereinafter “the credit transaction agreement of this case”) and lent money to the defendant. Under the credit transaction agreement of Han Bank, loans claims against the defendant of Han Bank were transferred to the plaintiff on April 22, 2010 through ENN ENS Limited Co., Ltd., Ltd., and the notice of the above assignment of claims was delivered to the defendant. The plaintiff's above transfer of claims was delivered to the defendant as of April 12, 2016, among the principal and interest of the loan claim of this case against the defendant as of April 12, 2016, the balance of loans as of April 183,189,531 is not disputed between the parties, or are acknowledged as being based on the purport of the whole pleading evidence No. 1 through No. 581,500,000,000 won and delay damages claim of this case calculated by the plaintiff as to the plaintiff's claim of this case 3151.

As to this, the defendant's defense that the transfer-price claim of this case expired with commercial claim of this case of five years of extinctive prescription, it is apparent in the record that the plaintiff's lawsuit of this case was filed on August 27, 2015, which appears to have been five years after the due date (the defendant asserted that the transfer-price claim of this case was around April 2007, and the plaintiff did not dispute this issue). However, according to the purport of the evidence No. 6-1 to No. 3 of the evidence No. 6-3 of this case, according to the whole arguments, one bank, the first transfer of the loan claim of this case, under the credit transaction contract of this case, is under the credit transaction contract of this case of this case of this case.