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(영문) 수원지방법원 2016.12.27 2016나60621
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. According to Gap evidence Nos. 1 and 4 as to the cause of the claim, the Central Capital Co., Ltd.: (a) on June 28, 2002, lent KRW 2,000,000 to the defendant on May 28, 2003, and 0.5% (one day) of the principal of the loan balance for overdue interests; (b) on the above loan claim against the defendant of Central Capital Capital Co., Ltd. (hereinafter "the loan claim of this case"), the above loan claim of the defendant of the Central Capital Co., Ltd. (hereinafter "the loan claim of this case") was transferred in sequence to Y Mutual Savings Bank of Korea, YP Capital Co., Ltd., Ltd., Ltd., YA, YYD Co., Ltd., Ltd., Ltd.; and (c) on June 7, 2012, the plaintiff acquired the loan claim of this case from Pakistan Co., Ltd., Ltd., Ltd. to the defendant around that time, barring any special circumstance, the defendant is obligated to pay the interest rate of 3.

In this regard, the defendant defense that the credit of this case was extinguished by the prescription, and since Central Capital, Inc., was a merchant engaged in money credit business, the extinctive prescription period of the loan of this case is five years pursuant to Article 64 of the Commercial Act. It is evident that the application for the payment order of this case was filed on May 28, 2003, when five years have passed from the above due date of payment, and it is obvious that the application for the payment order of this case was filed on July 1, 2013. Thus, the interest and delay damages claim of this case corresponding to the loan of this case and its subordinate rights were already extinguished by the prescription period before the application for the payment order of this case was filed.

Therefore, the plaintiff's claim of this case is without merit for the defendant's defense.

2. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the court of first instance.

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