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(영문) 서울중앙지방법원 2016.02.02 2015가단5170411
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 29, 2015, the Defendant: (a) against the Plaintiff on April 29, 2015; and (b) Modern Capital Co., Ltd. (hereinafter “Modern Capital”).

(1) and NAN Loan Co., Ltd. (hereinafter referred to as “Deficial loan”).

(3) The Defendant did not pay the loan balance and interest for delay upon receiving each loan from each of the above financial institutions, and the Defendant did not pay the loan balance and interest for delay to the Plaintiff from each of the above financial institutions (hereinafter “the loan claim of this case”).

(3) On behalf of the above financial institution, the Seoul Central District Court filed a lawsuit claiming the acquisition of the claim against the Plaintiff by asserting that the said financial institution notified the Plaintiff of the transfer of the claim.

B. On May 4, 2015, the foregoing court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) to the effect that “the Plaintiff shall pay to the Defendant an amount equivalent to KRW 28,829,308 and KRW 12,791,034 per annum from April 14, 2015 to the date of full payment” (hereinafter “decision on performance recommendation of this case”).

As the Plaintiff did not raise an objection against the above decision, the above decision became final and conclusive at that time.

[Ground for Recognition: Unsatisfy, Entry of Evidence A No. 1, Purport of the whole pleadings]

2. Determination on the cause of the claim

A. (1) Whether the statute of limitations for the loans of this case, which served as the basis for the decision on performance recommendation of this case, by the parties, has expired five years after the lapse of the relevant statute of limitations, as a claim arising from commercial activities (or, among the loans of this case that the Defendant acquired by the Defendant, claims related to the loans from the Plaintiff’s Hyundai Capital Capital Capital shall be newly run from October 16, 2010 where the decision on performance recommendation in the case of Busan District Court Branch Branch 2010Da686222, which became final and conclusive, and on April 29, 2015, the above decision on performance recommendation was issued on April 29, 2015, and the lawsuit was filed by the Seoul Central District Court 2015Da57096222, which became final and conclusive. Therefore, the statute of limitations for the loans of this case shall not be expired.

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