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(영문) 수원지방법원 2017.07.19 2016나73054
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 21, 1999, Hana Bank borrowed five million won (5 million won) to the Defendant on June 21, 2000 with the due date set as June 21, 200; the above loan credit against the Defendant of Hana Bank (hereinafter “instant credit”) was the principal amount of KRW 5,089,620 as of March 31, 2003; however, on June 27, 2003, the instant credit was against Hana Bank Co., Ltd., Ltd., a limited liability company specializing in the so-called Seoul Specialized Asset Management; on November 20, 2008, to the so-called d Asset Management Loan Co., Ltd. (trade name after the change; dic Asset Management Loan Co., Ltd.); on February 12, 2010, to be against Hana Bank Co., Ltd., Ltd., Ltd.; and on December 16, 2010, to be known to the Defendant as transfer No. 3 of each of the foregoing credit.

Therefore, the defendant is obligated to pay to the plaintiff 5,089,620 won and damages for delay.

2. The defendant's defense is proved to have been extinguished after the extinctive prescription of the claim of this case has expired.

However, as seen earlier, the maturity date of the instant claim is June 21, 200, and the instant claim is subject to five-year extinctive prescription with respect to a claim against a loan as a business act by the bank. It is evident that the instant lawsuit was filed on May 19, 2016 after five years from the said maturity date. As such, the instant claim expired due to the expiration of the extinctive prescription period.

Therefore, the defendant's defense is justified.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance, which has different conclusions, is unfair, and the plaintiff's claim is dismissed.

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