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(영문) 서울동부지방법원 2016.05.18 2015나4513
양수금
Text

1. Revocation of a judgment of the first instance;

2. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

3...

Reasons

1. Facts of recognition;

A. On March 21, 2002, the Union Capital Co., Ltd. (the trade name of April 10, 2007 was changed to the “FF Capital of a stock company”; hereinafter “FF Capital”) determined 2,00,000 won to the Defendant on March 21, 2002 at 12 months of the loan period, 17.5% per annum of the agreed interest rate, and 25% per annum of the overdue interest rate.

(hereinafter “instant claim”). (b)

B. On December 29, 2009, the two capitals entered into an asset acquisition agreement with a limited liability company and the assets acquisition agreement including the instant claim, and the Plaintiff acquired the status of the transferee under the said asset acquisition agreement on January 13, 2010.

On March 22, 2011, the Plaintiff entered into an asset transfer agreement with E.S. A. S. A. A.T.T., Ltd. (the trade name of Jun. 28, 201 was changed to “S. A. S. E. S. A. S. P. P.C. loan; hereinafter “S”). The Plaintiff’s successor entered into an asset transfer agreement with E.S. P. P.C. loan and asset transfer agreement on October 10, 2013. The transfer notification was given to the Defendant at the time of the above transfer agreement.

C. As of November 3, 2010, the sum of the principal and interest of the instant bonds as of November 3, 2010 is KRW 5,545,178 (principal KRW 2,00,000, attempted interest KRW 3,142,438, overdue interest KRW 402,740).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 9 (including each number), the purport of the whole pleadings

2. According to the facts of the judgment on the Plaintiff’s claim, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff to no longer hold the claim, and thus, the Plaintiff’s claim is without merit.

3. Determination as to the claims of the Plaintiff’s succeeding intervenor

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 on the loan to the plaintiff succeeding intervenor and the damages for delay, unless there are special circumstances.

B. As to the defense of the extinction of prescription, the Defendant had the extinctive prescription already expired due to the application of the five-year commercial extinctive prescription to the commercial claim.

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