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(영문) 서울고등법원 2015.08.19 2015나641
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and thus, the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance.

The part of the judgment of the court of first instance, "transfer" (hereinafter referred to as "transfer") between three pages 4 and 5, is considered as "the plaintiff notified the assignment of claims as a deceased person of the transferor of claims through the service of a preparatory document dated June 4, 2015, accompanied by a notice of assignment of claims in the name of the Korea Deposit Insurance Corporation."

(b) 3-2 of the judgment of the first instance;

All of the paragraphs shall be as follows:

“”

B. Although the judgment on the Defendant’s claim for the extinction of prescription cannot be asserted against the obligor on the ground that the transferee of the claim failed to satisfy the requisite to set up against the obligor, if the transferee of the claim filed a judicial claim against the obligor, which constitutes a judicial claim, which constitutes a ground for interruption of extinctive prescription (see Supreme Court Decision 2005Da41818, Nov. 10, 2005). As long as the Plaintiff, the transferee of the claim, filed an application for the instant payment order on May 27, 2014, before the lapse of 10 years from the date the judgment

The defendant's assertion that the extinctive prescription of the claim of this case has expired on a different premise is not acceptable.

“”

2. Conclusion, the first instance judgment is justifiable.

The defendant's appeal is dismissed on the ground that it is without merit.

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