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(영문) 서울중앙지방법원 2017.11.30 2016가단5249239
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The gist of the party's assertion asserted that the plaintiff acquired the loan claims of KRW 5,00,000 of principal against the defendant on April 24, 1995, and the loan claims of KRW 37,202,301 on November 29, 1996 against the defendant, and that the defendant sought the payment of the acquisition amount, he/she shall not only settle all of them with retirement allowances, etc. while retiring, but also claim the payment of them with the lapse of the extinctive prescription.

2. Determination

A. Loan claims amounting to KRW 5,00,000 as principal on April 24, 1995: According to the statements in Gap evidence Nos. 1 through 4, the plaintiff entered into an asset acquisition agreement with the Dondo National Fisheries Cooperatives on June 23, 2014, and accordingly, the fact that the plaintiff acquired the loan claims amounting to KRW 5,00,000 as principal on April 24, 1995 from the above union against the defendant is recognized.

However, as of the filing date of the instant lawsuit, the fact that the payment period of the instant claim was ten years or more from April 23, 1996, which was the maturity date of the instant claim, is apparent, and thus, the said loan claim has already been completed and terminated ten years.

The defendant's argument pointing this out is with merit, and the plaintiff's argument about the above claim is without merit.

B. Loan claims of KRW 37,202,301 as principal on November 29, 1996: The evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Defendant entered into a loan agreement with the Dondo National Fisheries Cooperatives and received a loan of KRW 37,202,301 as principal, and there is no other evidence to acknowledge it.

The plaintiff's assertion on the above claim is without merit.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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