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(영문) 서울중앙지방법원 2018.07.10 2018가단5082492
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On May 27, 2002, Dongyang Card Co., Ltd. loaned 15,000,000 won to the Defendant at 24% of the loan interest rate and 29% of the overdue interest rate, and B, his father, guaranteed the above loan obligations.

B. According to the above loan transaction agreement, a social company established through the division of the Dongyang Card Co., Ltd. and succeeded to the rights and obligations of the above company, the defendant and the joint guarantor B filed a claim for loans against the defendant and the joint guarantor B, Seoul Central District Court 2007Gau1428285. In the above case, "the defendant and B jointly pay the defendant and the joint guarantor 26,528,795 won with interest and interest of 26,489,410 won with interest and the balance of 11,489,410 won with interest and interest of 20% per annum from the day following the date of the final delivery of the copy of the complaint to the date of full payment."

9. The defendant was served and confirmed as it is.

C. On August 23, 2010, a social loan company Dongyang-ri changed its trade name to a social loan company of Dong Yangyang-ri, and on October 20, 2010, a social loan company of Dong Yangyang-ri transferred the above loan loan claims to Tyman Loan Co., Ltd., and Tyman Loan Co., Ltd transferred the above loan claims to the Plaintiff on December 30, 2013, and notified the assignment of claims on February 2014.

On the other hand, on July 14, 2008, the social company of the Eastyang received from the defendant's deposit claim on July 14, 2008 the claim attachment and collection order under 2008TTT 1037 from the original branch court of the Chuncheon District Court. The above claim attachment and collection order were served on the third debtor and the defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. As to the legitimacy of the instant lawsuit, the Plaintiff appears to have filed the instant lawsuit for the purpose of extending the extinctive prescription period for the claims for loans under the final and conclusive decision of performance recommendation.

The term of extinctive prescription of claims based on the final decision of performance recommendation.

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