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(영문) 서울중앙지방법원 2016.09.23 2016가단5070358

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On July 18, 1997, the Plaintiff asserted that the Defendant borrowed money from the Bank of Peace Co., Ltd. (hereinafter “the instant loan obligation”), and the Plaintiff received the instant loan obligation in succession, and the transferor notified the Defendant of the transfer of each claim at that time. As such, the Defendant is obliged to pay the Plaintiff, who is the final transferee of the instant loan obligation, delay damages for the principal and interest of KRW 146,722,051 remaining as of February 25, 2016, and the principal and interest of KRW 30,283,987, which remain as of February 25, 2016.

B. The defendant's assertion only received a loan from Korea Bank (Seoul Bank, Co., Ltd., Ltd.) on June 24, 1992, and there was no fact that it received a loan from the Peace Bank on July 18, 1997, and five years have passed from July 23, 1994, which was the date of the additional agreement for the loan contract of this case, the claim for the loan of this case was extinguished by the completion of prescription.

2. In full view of the reasoning of the argument in Gap evidence No. 1, the Hanil Bank loaned money to the defendant on June 24, 1992, and the defendant set up a right to collateral security with regard to his own real estate to secure the above loan obligation on June 25, 1992. On July 23, 1994, the court below concluded an additional agreement on the maintenance of the eligibility to collateral security for real estate with Han Han Han Bank, and Han Han Bank applied for a voluntary auction procedure with the District Court B on January 6, 1995, and it can be recognized that the above real estate was awarded on August 4, 1995. Thus, the prescription period of the above defendant's right to collateral of the loan of this case expired by the lapse of five years from the expiration of the above auction procedure.

3. Conclusion.