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(영문) 서울북부지방법원 2021.01.21 2019나38466
양수금
Text

The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. Determination on the cause of the claim

A. 1) On April 28, 2003, C Co., Ltd. (hereinafter “C”) leased the purchase price of a vehicle to the Defendant, and on September 6, 2006, the Daejeon District Court Red support 2005 Ghana 4370 against the Defendant, which C filed against the Defendant, rendered a judgment that “the Defendant shall pay C the amount calculated at the rate of 24% per annum from August 10, 2005 to the date of full payment” (hereinafter “instant judgment”), which became final and conclusive on September 30, 206.

2) Upon the above lending, C and the Defendant agreed that “C may transfer its claim against the Defendant to a third party without any separate notice.”

3) As of July 3, 2018, the amount of the principal of the loan claim as of July 3, 2018 is KRW 80,647,904, and the principal is KRW 19,931,029.

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 9, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the said principal and interest of KRW 80,647,904 as well as the principal of KRW 19,931,029 as well as the interest of KRW 24% per annum from July 4, 2018 to the date of full payment, barring special circumstances.

2. Judgment on the defendant's defense, etc.

A. The defendant's above loan claim is extinguished by the statute of limitations

defense.

The records show that the application for the payment order of this case was made on July 20, 2018, the five years after the expiration of commercial period from April 28, 2003, the above lending date. However, since April 28, 2003, the above lending date, C received a favorable judgment against the defendant in the Daejeon District Court Redsung Branch 2005Ga Office 4370, which was filed against the defendant before the lapse of five years from the expiration of the commercial expiration date, and the judgment became final and conclusive on September 30, 2006, and therefore, as seen earlier, the statute of limitations for the extinction of the above loan claims re-extinctive prescription of ten years from September 30, 206, which became final and conclusive.

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