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(영문) 서울중앙지방법원 2019.01.29 2017가단68777
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 15, 2008, F Co., Ltd. concluded a credit transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The first G Co., Ltd. entered into a credit transaction agreement with H Co., Ltd. and Defendant Co., Ltd. in succession to H Co. and Defendant Co., Ltd., Ltd., and borrowed the agreed amount by equal means of repayment of principal and interest for 36 months. Defendant D, C,

Since then, as the Defendants delayed the repayment of principal and interest, F Co., Ltd. entered into an agreement with the Defendants on a fixed period change between August 25, 2009 to pay the remaining principal and interest equally for 60 months from August 25, 2009 to July 25, 2014.

(hereinafter collectively referred to as “instant loan”). (b)

After the Defendants paid the equal repayment in two installments, from October 25, 2009, the Defendants again delayed the payment of the instant loan from around October 25, 2009. The instant loan claims were transferred in sequence to the International Stock Company on April 1, 2013, to the J Co., Ltd. on August 5, 2013, and to the Plaintiff on March 31, 2016, and each transferee on July 18 to 20, 2018 notified the fact of transfer to the Defendant Company on behalf of the transferor.

C. The debt balance of the instant loan as of May 23, 2017 is the principal amount of KRW 193,728,225, overdue interest of KRW 425,835,202, and KRW 619,563,427.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 16 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay the balance of the instant loan and damages for delay to the Plaintiff, the assignee of the instant loan claim, unless there are any special circumstances.

B. Defendant D, C, and E’s assertion 1. The Plaintiff’s acquisition of the instant loan claims did not meet the requisite to set up against the Defendants, such as legitimate notification, and thus, cannot be set up against the Defendants.

In addition, the obligation of the instant loan was extinguished by the Do government over the five-year extinctive prescription period, or ③ on the basis of the three-year extinctive prescription period.

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