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(영문) 서울남부지방법원 2017.03.31 2016가단218731
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to Gap's evidence No. 1 and No. 7, as to the cause of the claim, C. 100 million won was transferred to the plaintiff on July 9, 2003 by the Saemaul Depository on the condition that C. 100 million won was extended to B, and that C. 100 million won was extended to C. 10 million won on October 12, 2007 by the Saemaul Depository on the condition that C. 209,092,150 won was transferred to the plaintiff on August 7, 2015 ( principal KRW 100,000,000 won, and the remainder of the debt) was transferred to C. 106,000 won upon the death of his heir on February 26, 2009, the plaintiff's wife and his wife, who was the heir of C. 201, and the heir of C. 209, who was notified of the transfer of the credit on July 26, 2015.

According to the above facts, the defendant is obligated to pay the principal and interest of this case to the plaintiff who is the transferee of bonds as his heir, except in extenuating circumstances.

2. The defendant's defense is a defense that the claim of the loan of this case was extinguished due to the completion of the statute of limitations for commercial claims.

On the other hand, a claim arising from an act of commercial activity for both parties as well as a claim arising from an act of commercial activity is also a commercial claim to which the extinctive prescription period of five years under Article 64 of the Commercial Act applies to only one of the parties. Such commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also the auxiliary commercial activity that merchants carry on for business. Thus, if a member who received a loan from a community credit cooperative received a loan for that business as a merchant, such a member shall have

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