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(영문) 서울중앙지방법원 2019.01.10 2018가합537277
채무부존재확인
Text

1. The principal of the Plaintiff’s loan transaction agreement between the Plaintiff and the networkF on December 14, 2009 against the Defendants under the loan transaction agreement between the Plaintiff and the networkF is 190 million won.

Reasons

1. On December 14, 2009, the Plaintiff, as the display merchant of the claim, borrowed the amount of KRW 1.9 billion from the net F (Death around March 15, 2014), 5% per month interest and September 14, 2010.

On the other hand, the Plaintiff’s act of borrowing money is an act of raising funds on behalf of the merchant, which constitutes ancillary commercial activities (Article 47 of the Commercial Act), and the above monetary claim is subject to the extinctive prescription for commercial claims of five years.

However, the Defendants, the heir of the networkF or F, did not exercise the above monetary claim from September 14, 2010, which was the final due date of the said monetary claim, to the expiration of five years, and thus, the said monetary claim against the Plaintiff by the Defendants had already expired.

Therefore, the Plaintiff seeks to confirm that the Defendants do not have any monetary obligation under the loan transaction agreement dated December 14, 2009.

2. Defendants B and D of applicable provisions of Acts: Defendants C and C of Article 208 (3) 3 of the Civil Procedure Act (by service by public notice): Article 208 (3) 2 of the Civil Procedure Act (a judgment made by deemed as having been made by public notice).

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