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(영문) 부산지방법원 2015.05.01 2014가단206033
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or each statement of Gap evidence Nos. 1 through 4 (including the number of branch offices) may be acknowledged by taking into account the whole arguments as a result of the response of each order to submit financial transaction information to the mentmenic Loan Co., Ltd., Ltd., Seochowon Saemaul Fund, and the Chang Chang Saemaeul Saemaul Fund, as a whole.

On February 23, 2002, the Defendant borrowed KRW 2 million from the Mapo-gu Credit Depository of Korea (which was changed to the Mapo-gu Mutual Savings Bank of Korea on March 22, 2002) as of August 23, 2002 (hereinafter “the first loan in this case”); and ② on January 20, 2003, the name was changed to the Seocho-gu Saemaul Savings Depository of Korea on January 22, 2007; and KRW 20 million was designated as the maturity date on January 20, 2004. The name was changed to the Seocho-gu Saemaul Savings Bank of Korea on September 18, 2014.

(hereinafter “instant second loan”). (b)

Around June 21, 2013, the Plaintiff acquired the instant first loan claim from mentor Ann&C Loan Co., Ltd. on or around June 21, 2013, and (2) around June 28, 2013, the Plaintiff transferred the instant second loan claim from the Seocho-won Saemaul Bank prior to the merger.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the principal and interest of the loans Nos. 1 and 2 to the plaintiff as the final transferee, unless there are other special circumstances.

B. As to the defendant's defense, the defendant asserts that the first and second loans of this case were extinguished after the expiration of the extinctive prescription period.

First, regarding the claim for the first loan of this case, the period of extinctive prescription for commercial claims of this case shall apply to the claim for the first loan of this case, which is due to commercial activities of the Mapo Credit Depository of Korea, a stock company, and the period of extinctive prescription for commercial claims of this case.

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