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(영문) 서울중앙지방법원 2016.05.19 2015가단5342094
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Assertion and determination

A. In addition to the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 5, the purport of the entire pleadings is as follows: (a) on July 28, 2003, one of the credit cooperatives established and lent KRW 7,000,000 to the defendant on Nov. 28, 2004 (hereinafter “instant loan”); and (b) on June 28, 2013, the above community credit cooperative transferred the instant loan claim to the plaintiff on June 28, 2013; (c) on October 21, 2015, the fact that the fact of the assignment of the relevant claim was notified to the defendant on Oct. 21, 2015; and (d) on Oct. 8, 2015, the instant loan claim remains with the principal amount of KRW 6,596,00, interest or delay damages amount of KRW 13,208,770,000,000 for the Plaintiff, barring any special circumstances.

B. As to this, the defendant set up a defense that the claim of this case had already expired due to the expiration of the statute of limitations.

The loan claim of this case in this case is subject to the five-year statute of limitations under Article 64 of the Commercial Act. It is clear that the plaintiff's lawsuit of this case was filed on October 23, 2015 after the five-year period from November 28, 2004, which was the due date of the above claim. Thus, the statute of limitations for the loan claim of this case in this case has expired and expired. The defendant's defense pointing this out has merit.

2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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