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(영문) 서울중앙지방법원 2016.12.26 2016가단102458 (1)
청구이의
Text

1. The plaintiff's claim is dismissed.

2. On September 19, 2016, the case of applying for a stay of compulsory execution in this Court 2016 Chicago618

Reasons

1. Basic facts

A. On August 17, 1998, the Plaintiff entered into a loan transaction agreement with the National Federation of Fisheries Cooperatives (hereinafter referred to as the "YA"), setting the lending limit of 10,000,000 won, the expiration date of the lending period as the interest rate of August 22, 199, 15.75% per annum, and damages for delay at 24% per annum, and received loans thereafter.

(hereinafter “the instant loan”). (b) The instant loan.

on May 14, 2004, Hyundai Switzerland Mutual Savings Bank. On December 10, 2010, the said Savings Bank transferred the instant loan claims against the Plaintiff in succession to the Defendant. The notice of each transfer of claims reached the Plaintiff at the time of each transfer of claims.

C. On November 12, 2014, the Defendant filed an order with the Plaintiff to pay the principal and interest of the instant loan with the Seoul Central District Court 2014Da260462, Nov. 13, 2014 (hereinafter “instant payment order”), and on November 13, 2014, the Defendant received the payment order (hereinafter “instant payment order”) stating that “the Defendant (the Plaintiff is the Plaintiff of the instant case) shall pay to the Defendant (the Defendant of the instant case) the amount calculated at the rate of 17% per annum from November 12, 2014 to the date of full payment, and the instant payment order became final and conclusive on March 10, 2015.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence, Eul 3 through 5 (including each number), the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff asserts that the debt of the loan of this case was extinguished by the expiration of the extinctive prescription, and filed a lawsuit of this case against the plaintiff by the plaintiff of this case. Accordingly, the defendant filed a lawsuit against the plaintiff of this case against the plaintiff of this case under the Jeju District Court Decision 2001Da46054 on September 6, 2001 and received a decision of performance recommendation on October 10, 2001, and the above decision was interrupted by the expiration of the extinctive prescription on November 3, 2001, and since the expiration of the extinctive prescription, Hyundai Switzerland Mutual Savings Bank that acquired the debt of this case from the Suwon Bank against the plaintiff.

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