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(영문) 서울중앙지방법원 2016.11.23 2015가합565554
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 18, 2006, the New Bank of Korea Co., Ltd. (hereinafter “New Bank of Korea”) concluded a credit transaction agreement with Non-Party B with the following contents, and the Defendant jointly and severally guaranteed the above loan obligations of Non-Party B.

On May 18, 2006, the credit enforcement date of the credit subject (transaction due date) the general fund loans of 2.54 billion won ( July 18, 2006) 2.5 billion won A 1,2.4.6 billion won (No. 1, 2.4.6 billion won) 2-1, 2.2 billion won (No. 2.4.4 billion won)

B. On December 8, 2006, Nonparty 1 transferred the above loan claims to Nonparty 1, 2006, and notified Nonparty 2 and the Defendant of the above assignment. Nonparty 1, on May 12, 2010, Hyundai Switzerland Mutual Savings Bank Co., Ltd., Ltd., on August 26, 2010, was the Hyundai Switzerland Savings Bank, and on September 1, 2013, the mutual name was changed to 3 savings banks. On October 31, 2014, the Plaintiff absorptioned the said 3 savings bank.

A plaintiff shall be referred to as "the plaintiff" in combination before, after, after, after, and after, the merger.

Around that time, the above loans were transferred again to Nonparty B and the Defendant notified of the above assignment of claims.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 5 evidence (including each number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the plaintiff the principal and interest of the loan within the limit of joint and several sureties, unless there are special circumstances.

3. Judgment on the defendant's defense

A. The Defendant applies the five-year commercial extinctive prescription to the above loan claim. The Defendant filed the instant lawsuit on October 20, 2015, inasmuch as the instant lawsuit was filed on October 20, 2015, which was five years from the date on which the Defendant acquired the claim for the said loan from the Non-Party New Bank.

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