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(영문) 서울중앙지방법원 2015.11.13 2015가단5107994
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence evidence Nos. 1 through 6 of the judgment as to the cause of the claim, it is recognized that: (a) on Oct. 7, 2002, Choung Bank Co., Ltd. loaned a loan of KRW 150 million to the Defendant on Oct. 7, 2003; (b) the said loan claims were transferred in sequence to the Plaintiff, in order, as of Apr. 10, 2015, the principal and interest of the loan as of Apr. 10, 2015, as of Apr. 10, 2015, the fact that: (c) the period of repayment was set at Oct. 7, 2003; and (d) the foregoing loan claims were transferred to the Defendant.

Therefore, according to the above facts of recognition, the defendant is obligated to pay the above loan and interest in arrears to the plaintiff, unless there are special circumstances.

2. The defendant's defense asserts that the above loan claim has become extinct after the extinctive prescription expires.

In light of the fact that the maturity date of the above loan claims falls on October 7, 2003, the above loan claims are governed by the five-year commercial extinctive prescription. It is evident that the lawsuit in this case was filed on April 22, 2015 after five years from the said loan claims were due date.

Therefore, as long as there is no assertion that the statute of limitations for the above loan claims has been suspended, the above defense by the defendant is reasonable, since the statute of limitations for the above loan claims has expired.

3. The plaintiff's claim of this case is dismissed on the ground that it is without merit.

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