양수금
1. In the judgment of the court of first instance, the part against the defendant (appointed party), the appointed party B, and C shall be revoked, and the defendant (appointed party) shall be revoked.
1. Facts of recognition;
A. D around November 1, 2001, when using a credit card issued by the Industrial Bank of Korea, delayed payment of the credit card amount.
B. On May 27, 2008, the Industrial Bank of Korea transferred the credit card use price claim against D to Han Il-man, Inc., and on June 27, 2008, Han Il-man transferred the above credit to the Plaintiff again on June 27, 2008.
C. Meanwhile, D died on September 29, 2002, and D had co-defendant C, who is the spouse B, the designated person B, the designated person C, and the first instance court co-defendant C, who is the spouse.
D’s credit card use payment obligation is 12,334,66 won in total, 3,636,090 won in principal, 4,371,131 won in interest, delay damages, 4,327,445 won in June 10, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3, purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Plaintiff, who is the heir of D, is obligated to pay the Plaintiff KRW 4,111,55 (=total KRW 12,334,66 x KRW 3/9 x less than KRW 3/9) and 1,212,030 among them (= Principal KRW 3,636,09 x 3/90 x 3/9), and the Defendant, the designated parties C, and the co-defendant of the first instance court, to pay damages for delay on each of them (=total KRW 2,741,03,037 x 2,34,666 x below KRW 2/9 x below KRW 12,366) and KRW 808,020 among them (principal KRW 3,636,090 x below KRW 2/9).
B. As to the defendant's assertion, the defendant asserts that the claim for the use of the credit card of this case was extinguished by the expiration of the statute of limitations.
In this case, the credit card use payment claim constitutes commercial claim, and even if Han-man, Inc. transferred the credit card use payment claim to the Plaintiff on June 27, 2008, at the time of transfer of the credit card use payment claim of this case to the Plaintiff, the Plaintiff applied for the payment order on June 13, 201, which was more than five years thereafter, and there is no evidence to prove that the statute of limitations has been interrupted during that period. Thus, the credit card use payment claim of this case is limited.