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(영문) 서울중앙지방법원 2016.02.02 2014가단5270437
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 30, 1998, the Defendant determined 11,00,000 won as interest rate of 16.5% and due date of repayment on December 30, 200, and determined 15.5% per annum on January 11, 1999 and due date of payment on January 11, 200 as interest rate of 15.5%, and January 11, 2002, and borrowed 5,30,000 won from the Jinjin Livestock Cooperative on January 4, 200 as interest rate of 13% per annum and January 4, 2001.

B. On June 28, 2013, each of the above financial institutions transferred each of the above claims against Defendant to the Plaintiff.

C. As of September 17, 2014, the principal and interest on outstanding loans as of September 17, 2014 are as follows:

B [Ground of recognition] without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff KRW 40,852,650 and delay damages for KRW 20,90,000 among them, unless there are special circumstances.

B. The Defendant’s defense as to the Defendant’s defense of the statute of limitations defense that the ten-year statute of limitations has expired as of January 12, 2012 after the lapse of ten (10) years from January 11, 2002. As such, the fact that the final repayment period of each of the instant loans is January 11, 2002 is the same as recognized earlier, and the fact that the instant lawsuit was filed on September 29, 2014 after the lapse of ten (10) years from the foregoing is apparent in the record. Therefore, the Defendant’s defense is reasonable.

On December 5, 201, the Plaintiff’s claim for the livestock industry cooperative was extinguished by the prescription period, and the Defendant, on December 5, 201, renounced the statute of limitations interest against the livestock industry cooperative by paying KRW 400,000 to the unclaimed livestock industry cooperative and paying part of the debt.

However, an obligor who is entitled to the benefit of prescription may waive the benefit of prescription after the completion of the statute of limitations, and this is an expression of intent in need of the effect that the obligor would not receive legal benefit from the completion of the statute of limitations

b) the Commission;

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