(영문) 대구지방법원 2015.06.18 2014나304946

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(영문) 대구지방법원 2015.06.18 2014나304946

양수금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The judgment on the cause of the claim is that the Defendant entered into an automatic loan agreement with the National Bank of Korea (hereinafter “National Bank”) on December 6, 1993, setting a maximum of KRW 10 million, the transaction period until December 6, 1994; the National Bank transferred the above loan claims to the Plaintiff on July 5, 2013; the Plaintiff was delegated with the authority from the National Bank and notified the Defendant of the above transfer on June 23, 2014; as of December 19, 2013, the above loan remains in principal amounting to KRW 6,46,268, overdue interest amounting to KRW 23,29,512; the overdue interest rate applicable to the above loan rate applied after December 20, 2013 to the Plaintiff is 17% per annum or if there is no dispute between the parties or if the entire purport of the oral argument is recognized.

According to the above facts, the defendant is obligated to pay to the plaintiff 29,765,780 won ( principal 6,466,268 overdue interest 23,299,512) and damages for delay calculated at the rate of 17% per annum from December 20, 2013 to the date of full payment.

2. As to the judgment on the defendant's defense, etc., the defendant defenses that the period of five years has expired since the date the defendant paid part of the above loans to the defendant last, the period of five years has expired after the expiration of the period of five years from the date the defendant paid part of the above loans to the defendant, and if the purport of the whole pleadings is added to the statement in the evidence Nos. 4 and 6, it can be recognized that the date the defendant paid part of the above loans to the defendant last December 21, 1998 is the date the defendant paid part of the above loans to the defendant. The above loan is a commercial claim arising from commercial activities, and the five years have passed after December 21, 1998, and the payment order of this case was applied for on December 20, 2013, it is clear in the record that the above loan claim of this case had already expired before the application for the payment order of this case was made. Thus, the defendant's defense pointing this out

On the other hand, the Plaintiff is a national bank.

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