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(영문) 서울중앙지방법원 2016.07.13 2016나12853
양수금
Text

1. Of the judgment of the court of first instance, regarding the Plaintiff’s KRW 6,958,142 as well as KRW 18,402,593 as to the Defendant, among the judgment of the court of first instance, July 14, 2015.

Reasons

1. Basic facts

A. On November 30, 2012 and June 21, 2013, the Plaintiff acquired a claim against the Defendant by a financial institution, and notified the Defendant of the assignment of the claim.

(1) The amount of credit shall be KRW 36,525,335 (= Principal 11,302,593 KRW 25,222,742) of Hyundai Capital Co., Ltd.’s credit card payment claim of KRW 30,432,807 (= Principal 7,100,000 KRW 23,332,80) of the Credit Card Co., Ltd.’s future Life Insurance Co., Ltd. (hereinafter “S. Deposit”) (hereinafter referred to as “S. Deposit”)

) The loan claim amounting to KRW 65,451,528 on April 18, 2001 (= Principal KRW 19,160,218; KRW 46,291,310); and the loan claim amounting to KRW 14,515,453 on November 15, 2001 (= Principal KRW 3,806,327; KRW 10,709,126)

B. The overdue interest rate under the Plaintiff’s internal rules is 17% per annum.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, 7, and 8, and the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, barring any other special circumstances, the Defendant is obligated to pay to the Plaintiff 146,924,123 won and 41,369,138 won with interest of 17% per annum from July 14, 2015 to the day of full payment.

B. 1) The defendant asserts that each of the loans of the future set forth in the plaintiff's future set forth in the plaintiff's future set forth in the evidence No. 1, 2001, the due date of the loan of April 18, 2001, is April 17, 2006, and the due date of the future set forth in the statement No. 1, 2006, and the due date of the loan of November 15, 2001, can be recognized as the fact that the due date of the loan of November 4, 2006, which is the date of the lawsuit of this case, is clearly recorded on July 28, 2015.

3. In addition, it is apparent that the date of the instant lawsuit is five years after the expiration of each of the loan claims of the future set forth in three years, and accordingly, each of the loan claims of the future set forth in the future set was extinguished by prescription.

Therefore, the defendant's above defense is justified.

C. Accordingly, the defendant is against the plaintiff.

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