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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
The summary of the loan is that the Plaintiff did not receive KRW 10,00,000 from the Korea Housing and Commercial Bank Co., Ltd. (hereinafter “Korea Housing and Commercial Bank”) on November 6, 200 (hereinafter “Korea Housing and Commercial Bank”) as a loan for the purpose of full-time loan, and the name of the Plaintiff as stated in the loan agreement on the above loan does not appear by the Plaintiff’s own hand, and there is no above loan obligation. Even if the Plaintiff received a loan from a national bank, as seen above, even if it was deemed that the Plaintiff received a loan from the national bank, the above loan obligation against the Plaintiff was extinguished by the prescription period.
On July 5, 2013, after the date of the above loan, the national bank transferred the obligation to return the above loan to the defendant. There is no obligation of the plaintiff to return the above loan to the defendant.
Judgment
In Seoul Central District Court Decision 2007Gapo241380, a loan a national bank filed against the Plaintiff, the Plaintiff was sentenced to March 14, 2008 by a judgment citing the claim of the national bank on the purport that the Plaintiff is obligated to pay a sum of KRW 17,792,406 and a delay delay damages for KRW 6,498,243 among the loan amounts, and the above judgment became final and conclusive on April 8, 2008 (hereinafter “the final and conclusive judgment of this case”), and thereafter, the national bank transferred the above credit to the Defendant on July 5, 2013, and notified the transfer by content-certified mail to the Defendant on June 23, 2014, it is recognized or significant to this court.
Therefore, in the instant lawsuit seeking confirmation of the absence of the above loan repayment obligation against the Defendant who acquired the above loan claim after the date of closing argument in the final judgment of this case by asserting the failure of the above loan contract or the completion of extinctive prescription, there exists the obligation to return the said down payment at the time of closing argument in the final judgment by res judicata of the above final judgment.