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(영문) 서울중앙지방법원 2019.01.25 2018나49798
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. Facts of recognition;

A. The Defendant received a loan of KRW 3,00,000 at an interest rate of KRW 35.9% per annum, an overdue interest rate of KRW 45.9% per annum, and an overdue interest rate of KRW 45.9% per annum on October 5, 2009 from C (hereinafter “C”) on October 9, 206.

(hereinafter “instant claim”). (b)

The instant claims were transferred in sequence to D Co., Ltd. on May 20, 2009, to E Co., Ltd., May 29, 2009, and to the Plaintiff on May 30, 2014, and each of the instant claims assignment was notified to the Defendant.

C. As of June 3, 2016, the instant claim remains in KRW 5,595,917, the sum of the principal and KRW 1,273,688, interest and delay damages, and KRW 4,322,229.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum with respect to the Plaintiff, who acquired the instant claim in succession, within the scope of the agreed overdue interest rate from November 27, 2016 to the day of complete payment, as the Plaintiff seeks with respect to the total amount of the principal and interest of KRW 5,595,917, and the principal of KRW 1,273,688, which is the day following the delivery date of the original copy of the instant payment order, to the Plaintiff.

3. Judgment on the defendant's defense of extinctive prescription

A. The gist of the claim in this case lies in the process of extinctive prescription from around 2007. Since the Plaintiff filed the lawsuit in this case after the lapse of five years thereafter, the extinctive prescription of the claim in this case was completed.

B. In full view of the facts stated in Gap evidence No. 6 and the whole arguments, the defendant applied for the commencement of credit recovery procedure through the FF Committee on February 2008, and the defendant paid the repayment amount until June 10, 201 according to the above procedure, and it can be acknowledged that the same day is in arrears and the same day is in arrears. Thus, the defendant approved the debt by filing an application for the commencement of credit recovery procedure with the FF Committee and paying the repayment amount to the plaintiff.

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