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(영문) 수원지방법원 2016.10.19 2016가단14412
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Evidence 1, 1 through 5, and the purport of the whole pleadings, which have been recognized;

A. On September 19, 200, the mutual savings and finance company in the large-scale mutual savings and finance company agreed with the Plaintiff to apply the basic terms and conditions of credit transaction in the large-scale mutual savings and finance company in the large-scale mutual savings and finance company to the Plaintiff and to apply the interest rate determined by the large-scale mutual savings and finance company in accordance with the terms and conditions of the credit transaction in the large-scale mutual savings and finance company in the repayment period, July 23, 2002.

B. On December 9, 2008, the bankrupt bank of the Korea Deposit Insurance Co., Ltd. filed a lawsuit against the plaintiff on the loan claim on December 1, 2008, and on December 9, 2008, "the plaintiff bankrupt shall pay the amount equivalent to 24% per annum from November 6, 2008 to the date of full payment of KRW 3,052,46,118 to the bankruptcy administrator of the Daegu Mutual Savings and Finance Company, and 1,056,118 to the bankruptcy administrator of the Daegu Mutual and Finance Company." (U.S. District Court 2008DaDa255380), and the above performance recommendation decision became final and conclusive on December 30, 208.

C. On May 31, 2012, the Korea Deposit Insurance Corporation transferred a claim under the said decision of performance recommendation to the Defendant, and notified the Plaintiff of the assignment of the claim on July 11, 2012.

2. The allegations by the parties and the judgment of this court

A. (1) The Plaintiff’s assertion (1) satisfied all principal and interest around the end of August 2001. Even if not, a claim based on the said performance recommendation decision has already been extinguished by the completion of the statute of limitations prior to the filing of a lawsuit claiming a loan by the Korea Deposit Insurance Corporation on July 23, 2007, when five years have elapsed since July 23, 2002, when the said claim was due for commercial claims.

(2) Since a single person who was finally paid a loan by the Plaintiff at the Defendant’s assertion on December 11, 2003, the extinctive prescription was interrupted.

B. (1) There is no evidence to acknowledge that the Plaintiff fully repaid the principal and interest around the end of August 2001.

(2) Loans owed by the Defendant to the Plaintiff is a commercial bond arising from commercial activities conducted by the Daeyang Mutual Savings and Finance Company, which is a financial institution.

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