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(영문) 서울중앙지방법원 2016.01.15 2015가단165261
양수금
Text

1. The Defendant: (a) KRW 28,00,000 for the Plaintiff and KRW 20% per annum from April 6, 2005 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Industrial Bank of Korea granted loans to the Defendant six times from July 10, 1996 to June 26, 1997.

The sum of loans that the Defendant failed to pay is KRW 277,826,195.

(2) The loan claims in this case were transferred to SBS Co., Ltd. on December 16, 2002, and to Busan Mutual Savings Bank (hereinafter “ Busan Mutual Savings Bank”) on February 27, 2004.

B. Busan Mutual Savings Bank filed a lawsuit claiming acquisition money against the Defendant in 2004 (Seoul District Court 2004Gahap22882).

On May 4, 2005, Busan District Court rendered a judgment that "the defendant shall pay to Busan Mutual Savings Bank 277,826,195 won with 20% interest per annum from April 6, 2005 to the day of full payment."

The judgment was finalized on May 26, 2005.

C. Subsequent, the Plaintiff was transferred the instant loan claims according to the FSC’s decision on contract transfer under the relevant statutes.

[Grounds for recognition] The items of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. Determination:

A. According to the facts found by the Defendant’s obligation to repay, the Defendant is obligated to pay the Plaintiff the amount of KRW 28,00,000 that the Plaintiff seeks within the scope of the amount of the claim to which the instant loan was transferred and the amount calculated at the statutory interest rate of KRW 20% per annum from April 6, 2005 to September 30, 2015, and from the next day to the date of full payment, 15% per annum from the next day to the date of full payment.

B. As to the Defendant’s assertion of extinctive prescription, the Defendant asserts that the extinctive prescription has expired after about 18 years from the date on which the instant loan claim occurred. 2) According to the above facts, Busan Mutual Savings Bank received a favorable judgment on the instant loan claim, and the said judgment became final and conclusive on May 26, 2005.

The ten-year extinctive prescription of a claim established by a judgment is proceeding again (Article 165 of the Civil Act). The plaintiff is within ten years from the date the above judgment became final and conclusive.

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