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(영문) 서울중앙지방법원 2015.06.04 2015가단5000345

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that the defendant's claim that the plaintiff acquired the credit card payment obligation arising from the use of the credit card with the credit card issued by the non-party Korean card company, etc. around 2000, despite the expiration of the extinctive prescription, the plaintiff claims the plaintiff to confirm the non-existence of the above obligation.

However, there is no evidence to prove the plaintiff's assertion, and if the purport of the whole pleading in the statement in Eul evidence No. 1, the defendant, after acquiring the above claim, filed a lawsuit claiming the amount of money transfer under this court 2007Gaso2375278, and the judgment in favor of the court on January 4, 2008 became final and conclusive on January 31, 2008 (the period of extinctive prescription of the claim established by the judgment is ten years pursuant to Article 165 of the Civil Act, and the fact that the above period of extinctive prescription has not yet expired is apparent). The plaintiff's assertion cannot be accepted.

Thus, the plaintiff's claim of this case is dismissed as it is without merit.

참조조문