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(영문) 서울중앙지방법원 2016.01.08 2015나55792
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff asserts that a loan claim against the defendant of Han Bank Co., Ltd. (hereinafter only referred to as "I Bank") was transferred to another person by Han Bank Co., Ltd. (hereinafter referred to as "BB Savings Bank") who was appointed as bankruptcy trustee.

On September 11, 2001, one bank entered into a loan transaction agreement to lend money to the defendant [the "credit" and "limit transaction"] between the defendant around September 11, 2001, with the limit of 20 million won, interest rate of 10,000 won per annum, 10.15% per annum, and with the interest rate of delay damages rate of 19% per annum, and the above bank entered into the loan transaction agreement to lend money to the defendant. The above agreement was renewed on the same condition as the loan limit of 16 million won around September 10, 202 after changing the loan limit of 16 million won to the defendant around September 10, 2003 and its maturity was decided as September 10, 2003. The plaintiff's allegation that the above loan claim against the defendant of one bank was not entered in the loan loan loan loan loan bond or loan loan limited liability company, or that there was no other evidence to acknowledge that the loan transfer agreement was transferred to the defendant by transfer within the future 13010.10.

In addition, the defendant argues that even if the future savings bank lawfully acquired the above loan claims and satisfies the requirements for setting up against the transfer of claims, the above loan claims have expired by prescription.

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