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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2016.10.21 2016나34704
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the plaintiff's ground for appeal Nos. 1 through 4, the defendant transferred the loan claim of this case to the plaintiff on December 13, 200, with the agreed interest rate of 12.9% per annum, 19% per annum, and 10 million won per annum (hereinafter "the loan of this case"). However, Korea Life Insurance Co., Ltd. did not pay the principal and interest of the above loan claim of this case, and transferred the loan claim of this case to Solomon Savings Bank on December 11, 2003. The defendant notified the defendant about the assignment of the above assignment of claim of this case to the defendant on April 26, 201, the defendant notified the defendant about the above assignment of claim of this case to the defendant on December 13, 200, with the interest rate of 19% per annum, and the defendant notified the defendant about the above assignment of claim of this case to the defendant on June 16, 2016.

2. The defendant's claim for the loan of this case against the defendant's assertion that the five-year extinctive prescription has expired. Thus, it is evident that the plaintiff's lawsuit of this case was filed on January 12, 201 after the lapse of five years from December 13, 2001, the repayment date of the loan of this case. However, according to each of the evidence Nos. 5 and 6, Solomon Savings Bank Co., Ltd.'s claim for the loan of this case against the defendant on December 30, 2005, under the Seoul Central District Court 2005Hu76537, Feb. 8, 2006, the defendant applied for the payment order of the above payment order against the defendant on February 23, 2006, and the above payment order was issued on February 23, 2006.

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