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(영문) 서울중앙지방법원 2015.08.11 2014가단5159141
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant received a monetary loan from a financial institution. The details of the loan and the balance of each principal and interest of loan as of May 30, 2014 are as follows:

The outstanding principal of the loan amount due of the loan date of the lending institution shall be KRW 2,960,000,000 on September 27, 2001, 200, the Gyeongnam Bank, the 1,000,000 won 558,347 won 654,145 won on July 28, 2003, Agricultural Cooperatives, Nonghyup, the 2,520,000 won on July 28, 2004, 200 won 1,309,667 won on September 27, 2002

B. Meanwhile, on April 10, 2009, the Gyeongnam Bank transferred all of the principal and interest of loans to the Defendant to the Plaintiff, and on June 28, 2013, the Nam Changwon Nonghyup transferred all of the principal and interest of loans to the Defendant to the Plaintiff. Each of the above financial institutions notified the Defendant of the assignment of claims by the time of the above transfer date, and each of the above assignment notification reached the Defendant, respectively.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1-1, 2, 3, 4, and 6-2 and 3, respectively, and the purport of whole pleadings

2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay damages for delay after May 31, 2014 to the Plaintiff, a transferee of the bonds, for the extended principal of KRW 5,482,159, and for the extended principal of KRW 3,518,347, out of the extended principal.

3. As to the defendant's defense, since the defendant has proved that the period of extinctive prescription of each of the above principal and interest of loan has expired, the defendant's defense as to this point is obvious in the record that the defendant's lawsuit of this case was filed on June 10, 2014, which was five years after each of the above principal and interest of loan was due and due on September 27, 2002, and on July 28, 2004.

4. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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