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(영문) 서울중앙지방법원 2017.10.26 2017가단5098421
청구이의
Text

1. The Seoul Central District Court 201j. 1805 transfer money case against the plaintiff of Dasan IMC Co.

Reasons

1. Basic facts

A. Hyundai Motor Co., Ltd. had a purchase-price claim against the Plaintiff (hereinafter “instant claim”) under the Construction Machinery Installment Sales Contract, but transferred the instant claim to Masan Capital Co., Ltd. on June 28, 199. On November 18, 2002, the instant claim was transferred to Dasan Co., Ltd. (hereinafter “Dasan Capital Co., Ltd”) again on July 25, 201, and was transferred to Dasan Capital Co., Ltd. (hereinafter “Dasan Capital Co., Ltd.”) on March 22, 2013.

B. The payment order (Seoul Central District Court Decision 201Hu1805, hereinafter “instant payment order”) was issued on January 7, 201, 201, that “The plaintiff shall pay Dasan 84,036,648 won and 20,914,212 won from Dasan to Dasan 84,036,648 won and 20,914,212 won.” The payment order (Seoul Central District Court Decision 201Da1805, hereinafter “instant payment order”) was served on the plaintiff on January 20, 2011.

C. On December 28, 2012, Dasan transferred the instant claim to Dasan Asset Management Loan Co., Ltd. (hereinafter “KC Asset Management Loan”), and Dasan Asset Management Loan received an execution clause succeeded to the instant payment order on September 16, 2014, and transferred the instant claim to the Defendant on January 5, 2015, and the Defendant notified the Plaintiff of the assignment of the claim on behalf of DaC Asset Management Loan.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 and 5 each entry

2. Determination and conclusion are the cause of the Plaintiff’s claim. “The extinctive prescription begins after the initial due date has already arrived on June 28, 1999, and accordingly, the five-year extinctive prescription or ten-year extinctive prescription has already been completed prior to the instant payment order, the Plaintiff is not obliged to perform the obligation under the instant payment order.”

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