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(영문) 대전지방법원 2019.07.04 2018가합101240
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 March 22, 2006, the Defendant borrowed KRW 130 million from C as of September 22, 2006, interest rate of KRW 36% (60% per annum), March 16, 2007, the due date of repayment of KRW 36 million on June 15, 2007, interest rate of KRW 36% per annum (48% per annum) and September 6, 2007, the due date of repayment of KRW 450 million on March 5, 2008, interest rate of KRW 24% per annum (36% per annum per annum).

(hereinafter referred to as “each of the claims of this case”). B.

C on June 9, 2010, transferred each of the instant claims to the Plaintiff, and on the same day, notified the Defendant of the transfer of each of the instant claims.

The above notification of transfer reached the defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and 7 (including branch numbers, if any), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay 880,000,000 won of the above loans that the Plaintiff acquired by the Plaintiff and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 9, 2018 to the date of full payment, as the Plaintiff seeks.

B. 1) Determination on the defense and re-defense 1) Determination on the defense, Eul evidence No. 1, and fact-finding on the Daejeon District Tax Office of this Court, according to the whole purport of the pleadings, C can be acknowledged as a merchant who registered his/her business and operated his/her business from May 2, 2002 to July 31, 2008. Since the merchant's act for business is presumed to be a commercial activity and the merchant's act for business (Article 47 (1) and (2) of the Commercial Act applies to each of the claims of this case under Article 64 of the Commercial Act, which is a provision on the prescription of commercial claims.

In addition, the fact that the instant lawsuit was filed on February 26, 2018 with the limit of five years from the date on which each of the instant claims was repaid is apparent, and thus, each of the instant claims is obvious.

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