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(영문) 수원지방법원 2017.06.22 2016나20319
청구이의
Text

1. Revocation of the first instance judgment.

2. Suwon District Court Decision 2008Gauri25380 decided Dec. 30, 2008 against the defendant's plaintiff

Reasons

1. Facts of recognition;

A. On September 19, 200, the Daeyang Mutual Savings and Finance Company (hereinafter “Mayang Mutual Savings and Finance Company”) agreed with the Plaintiff on September 19, 200 to apply the basic terms and conditions of credit transaction to the Daeyang Mutual Savings and Finance Company and to apply damages for delay to the Plaintiff at the interest rate stipulated by the Daeyang Mutual Savings and Finance Company.

B. On December 9, 2008, the Korea Deposit Insurance Corporation filed a lawsuit against the plaintiff on the claim for loans on December 1, 2008, and on December 9, 2008, "the plaintiff shall pay 24% interest per annum from November 6, 2008 to the date of full payment of 3,052,463 won and 1,056,118 won to the bankruptcy trustee of the Daeyang Mutual Savings and Finance Company of the bankrupt (U.S. District Court Decision 2008DaDa25380, hereinafter "the execution recommendation decision of this case"), and the above execution recommendation decision became final and conclusive on December 30, 208.

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

[Ground of recognition] Evidence Nos. 1, No. 1 to 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff repaid all principal and interest around the end of August 2001.

Even if not, on July 23, 2007, a claim based on the decision of performance recommendation of the instant case had already been extinguished by the completion of prescription 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 the due date due for commercial claims.

B. The extinctive prescription was interrupted since a single person, who was finally paid a loan by the Plaintiff at the Plaintiff’s argument, on December 11, 2003.

3. The judgment of this Court

A. There is no evidence to acknowledge that the Plaintiff paid all principal and interest around the end of August 2001.

B. Claims for loans to the Plaintiff by the Daeyang Mutual Savings and Finance Company that the Defendant acquired are financial institutions.

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