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(영문) 서울동부지방법원 2015.09.18 2014가단105357
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 12,05,092 and KRW 3,249,776 among them, from January 14, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 10, 1998, the non-party Chang Chang-chul loaned 30,000,000 won to the defendant at an annual interest rate of 18% per annum, 21% per annum, and 10% per annum, and the expiration date of the loan period on March 10, 199, and on June 28, 2013, it transferred the above principal and interest interest claim to the plaintiff.

B. On September 26, 2002, Nonparty New Card Co., Ltd. provided a loan of KRW 5,170,000 to the Defendant at an annual interest rate of KRW 19%, and subsequently, repaid some of the money, and transferred the remainder of the principal and interest of the loan to the Plaintiff on June 21, 2013.

C. As of January 13, 2014, the remaining claims that the Plaintiff acquired from the non-party credit card company are KRW 3,249,776 and the outstanding principal and interest of KRW 8,805,316 and the remaining principal and interest of the loan that the Plaintiff acquired from the non-party credit card company are KRW 30,000,000 and failed interest of KRW 18,060,764.

On June 23, 2014, the Plaintiff was delegated with the power of notification of the assignment of claims from each transferor of claims and notified the Defendant of the fact of the assignment of claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remaining principal of the acquisition principal and damages for delay as of January 13, 2014, and damages for delay incurred from January 14, 2014 to the date of full payment.

B. The defendant's assertion argues that the defendant does not have received a loan from Dam Chang National Agricultural Cooperative, and that even if the loan was received, the debt has already been extinguished due to the lapse of five years of the extinctive prescription period, and thus, the plaintiff does not have any obligation to pay the money that the plaintiff acquired from Da

The period of extinctive prescription is five years as commercial claims against the defendant of Ko Chang-Hyng and Ko Chang-Hyng. Accordingly, the loans extended to the defendant by Ko Chang-Hyng to the defendant shall be as of March 10, 1998 and as of March 10, 1998, the loans extended to the defendant of Ko Chang-Hyng shall be as of March 10, 203.

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