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(영문) 서울중앙지방법원 2017.07.18 2017가단5063593
양수금
Text

1. Grounds for claim in attached Form among the lawsuit of this case

2. A national bank that claims the amount of money Nos. 2 in the table Nos. 2 among the "the particulars of debts".

Reasons

1. Attached Form 2 to the portion dismissed;

2. According to the results of the submission of the order to submit financial transaction information to the National Bank of Korea to the National Bank of Korea, it can be known that there was a payment order finalized regarding the above claim, and it is difficult to deem that there is a benefit of lawsuit due to the lapse of the extinctive prescription period, and the above part of the claim is unlawful because there is no benefit of protection of rights (attached Form 2).

2. Claim Nos. 1 through 3, and 5 (the part claiming the amount by No. 1) of A (the fact of claim as shown in the separate sheet in full view of each of the entries and the purport of the entire pleadings, including the serial number, is recognized. Therefore, the Defendant is liable to pay the Plaintiff the unpaid principal and interest and delay damages as described in paragraph (2) of this Article.

The Defendant completed the extinctive prescription of the claim of this case

“The claim is asserted to the purport, but in full view of the purport of the entire pleadings as a result of the submission of financial transaction information on the KB National Card, the final and conclusive judgment on the claim of this case, and the period of extinctive prescription of the claim for which the ten-year judgment became final

Since it can be known that the lawsuit of this case was filed before this lapse, the defendant's above assertion is without merit.

Thus, this part of the plaintiff's claim is justified and accepted.

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