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(영문) 서울중앙지방법원 2016.05.31 2015나63069
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Samwon Savings Bank set the due date of December 31, 2001 as the due date of repayment of KRW 20 million on December 31, 2001 as the Defendant, and set the due date of repayment of KRW 40 million on January 10, 2002 as the due date of repayment of KRW 10 million on January 10, 2003, and respectively set the due date of payment of KRW 20 million on June 10, 2002 as the due date of repayment of each of the above loans on April 6, 2003. The overdue interest rate of each of the above loans was 19% per annum.

B. On October 7, 2008, the Suwon Savings Bank transferred each of the above principal and interest of loans to the Dong Western Asset Management Co., Ltd., and on November 18, 2008, Dong Seoyang Asset Management Co., Ltd., in succession, and each of the above transferor sent a notice of assignment by content-certified mail to the Defendant on January 5, 2009.

C. On November 1, 2010, 201, a social company Dongyang transferred each of the above principal and interest claims to the Plaintiff, and sent a notice of assignment to the Defendant by content-certified mail on November 9, 2010.

As of June 21, 201, the loan obligation of December 31, 2001 remains in principal amounting to KRW 20 million, overdue interest amounting to KRW 25,083,265, January 10, 2002, the loan obligation of KRW 40 million, overdue interest amounting to KRW 50,266,69, and the loan obligation of June 10, 2002 remains in principal amounting to KRW 19,862,257, overdue interest amounting to KRW 25,083,89.

[Reasons for Recognition] Evidence Nos. 1 through 6, Evidence No. 7-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff a total of KRW 180,296,120 of the above principal and interest of the loan, and damages for delay at the rate of 20% per annum from the day following the delivery of the payment order of this case to the day of full payment.

B. As to the defendant's defense of extinctive prescription and judgment, the defendant asserts that the extinctive prescription has already expired prior to the filing of the instant lawsuit, counting from the date of each of the above principal and interest claims

In this regard, each of the above principal and interest claims that the plaintiff acquired shall be five years with commercial claims pursuant to Article 64 of the Commercial Act.

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