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(영문) 수원지방법원 2017.05.25 2016나70413
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 26, 2001, Korea Light Bank Co., Ltd. (hereinafter “Korea Bank”) concluded a loan agreement with the Defendant on January 26, 2001 with loans of KRW 7,000,000, annual interest rate of delay damages, 19% per annum, and the final repayment date of January 26, 2002 (hereinafter “instant loans”).

B. On September 11, 2008, our bank concluded an agreement on the assignment of claims, including each of the instant loans, between the Korea EF&A Co., Ltd. and the Korea EFA Co., Ltd. on July 16, 2010; between EFA and the Korea Social Co., Ltd. on October 20, 2010; between EFA and EFA lending Co., Ltd. on October 20, 2010; between EFA lending and the Korea Asset Management Loan Co., Ltd. on November 25, 2010; between EFA lending and EFA lending Co., Ltd. on the road map road map, between EFA and MF lending Co., Ltd. on November 26, 2010; and between DFP lending and the Plaintiff on November 26, 2012.

C. On November 24, 2016, IMC loans, Inc., notified the Defendant of the assignment of claims that the claims have been transferred under the foregoing Paragraph (b).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, who received the claim for the loan of this case, the amount of KRW 7,000,000 and the delay damages therefor, unless there are special circumstances.

B. The defendant's defense is proved to have expired by the statute of limitations. Thus, each of the claims of this case constitutes a claim arising from a financial institution's commercial activity, and its extinctive prescription is five years pursuant to Article 64 of the Commercial Act. As seen above, the repayment period of the loan of this case was January 26, 2002, and the plaintiff acquired the above claim on November 26, 201, for which five years have passed since the repayment period of the loan of this case was due.

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