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(영문) 서울중앙지방법원 2017.03.28 2016가단5254095

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion made a credit card transaction agreement with Samsung Card Co., Ltd. and used the credit card issued by the above company, concluded a loan transaction agreement with Daewoo Capital Co., Ltd. and borrowed KRW 10,000,000 on January 1, 199. The plaintiff finally acquired the credit card use fees and the principal and interest on the loan to the defendant, and each transferor notified the defendant of the transfer of the credit.

The Defendant’s obligation of acquiring the principal and interest of the loan against the Plaintiff is the principal amount of KRW 30,778,409 as of September 30, 2016, interest of KRW 84,069,659, total of KRW 114,848,068.

2. There is no evidence to prove that there was a credit card transaction agreement between Samsung Card Co., Ltd. and the Plaintiff, a credit card use fee, and a credit card transfer notification as to the claim.

In addition, the defendant's respective claims asserted by the plaintiff were able to exercise his right ten years prior to the date of receipt of the complaint of this case, and the period of extinctive prescription expires, the plaintiff does not clearly dispute them.

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