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(영문) 부산지방법원 동부지원 2017.03.21 2017가단201028
양수금
Text

1. The defendant shall pay to the plaintiff KRW 34,484,289 and KRW 10,131,495 among them, from August 17, 2003, and KRW 20,124,736.

Reasons

1. In full view of the purport of the argument in Gap evidence No. 1, the court below held that on December 13, 2001, the bank loaned KRW 30,256,231 to the defendant on December 13, 2001; the Bank of Korea transferred its loan claims to the plaintiff on July 9, 2004 and notified the defendant of the transfer of assignment of claims around that time; the plaintiff filed a lawsuit against the defendant for the claim for the amount of transfer under Busan District Court Decision 2006Kadan183401; and on February 12, 2007, the court below ruled that "the defendant shall have prevented the plaintiff from receiving the payment of the amount of KRW 34,484,289 from August 17, 2003, KRW 20,124,736 from August 14, 200 to the day of full payment; and that the plaintiff shall have received the payment order of the amount of KRW 19% as it is."

Therefore, barring any special circumstance, the Defendant is obligated to pay the money stated in the Disposition 1 to the Plaintiff.

2. The defendant's defense that the loans he acquired by the plaintiff were extinguished five years after the prescription period.

On March 9, 2007, the plaintiff filed a lawsuit seeking the payment of the acquisition amount against the defendant, and the judgment became final and conclusive on March 9, 2007, the prescription period of the acquisition amount claim is ten years thereafter (Article 165(1) of the Civil Act). Since the plaintiff filed an application for the instant payment order on December 8, 2016, which is less than ten years, the defendant's defense is groundless.

3. If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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