(영문) 부산지방법원 2015.11.04 2015가합4729

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(영문) 부산지방법원 2015.11.04 2015가합4729

대여금

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1. The Defendant’s KRW 291,840,00 for the Plaintiff and KRW 5% per annum from April 6, 2012 to June 5, 2015.

Reasons

1. Basic facts

A. In around 1995, C, the Plaintiff’s mother, determined 300,000,000 interest per month to the Defendant (hereinafter “instant loan claim”) and lent the said loan claim to the Defendant (hereinafter “instant claim”).

B. C around 1995, around 1995, transferred the instant claim to A and notified the Defendant of the transfer.

C. D on October 1, 2008, transferred the instant claims to the Plaintiff, and notified the Defendant of the assignment of claims on December 11, 2008.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of whole pleadings

2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay the plaintiff 300,000,000 won and interest thereon. The plaintiff is obligated to pay 3,800,000 won through nine times from 2005 to 2007 (in the name of the defendant), and 3,860,000 won through nine times from October 10, 207 to 2008 (in the name of the defendant E), and 3,660,000 won (in the name of the defendant E), which were paid to the plaintiff, and appropriated for the principal of the loan. In full view of the arguments stated in the evidence No. 7, the defendant paid 7,60,000 won to the plaintiff on October 1, 205, which was pending in the lawsuit of this case (in the name of the defendant E,50,000 won to the plaintiff's account), and thus, the defendant can be found to have paid 7,00060,000 won remaining

3. Judgment on the defendant's defense

A. As to the completion of the extinctive prescription, the Defendant asserts that the instant claim should be subject to the Commercial Extinctive Prescription, and that the claim has expired more than five years after the lapse of such prescription period, and even if the Commercial Extinctive Prescription is not applicable, ten years have elapsed since the date of borrowing the claim.

All of the parties shall be limited to one of the parties as well as a claim arising from an act that engages in commercial activities.

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