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(영문) 서울동부지방법원 2018.01.10 2017나26425
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. On June 20, 1998, the Defendant borrowed 1.5 million won from Korea Light Bank Co., Ltd. at the rate of 17% per annum on April 19, 1999.

On January 4, 1999, Korea Light Bank was merged with Korea Commercial Bank, Inc., and the said Bank was changed to Korea Bank on May 20, 2002.

On March 30, 2002, our Bank Co., Ltd. transferred its claim against the Defendant on February 14, 2003 to the non-party promotion savings bank Co., Ltd. and the above promotion savings bank Co., Ltd. to the Defendant on June 15, 201, and notified the Defendant of the purport of the transfer.

As of August 26, 2011, the principal of the above bonds is KRW 882,045 and interest KRW 2,001,980.

2. On the plaintiff's assertion that the defendant is liable to pay the above loan and damages for delay, the defendant asserts that the above loan claims have expired due to the statute of limitations.

On the other hand, the lawsuit of this case against the plaintiff against the defendant is obvious in the record that the lawsuit of this case was filed five years after the expiration of the commercial statute of limitations from April 19, 1999, which is the due date of the above loan claim. Thus, the plaintiff's claim against the defendant was extinguished by the statute of limitations.

The defendant's above assertion is with merit.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, and the plaintiff's claim is dismissed, and it is so decided as per Disposition.

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