양수금
1. Revocation of a judgment of the first instance;
2. All of the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.
3. The plaintiff.
1. Determination on the cause of the claim
A. The facts of recognition have been recognized by the Defendant, around February 23, 2002, issued and used a credit card from the Seocho Bank Co., Ltd., and around December 29, 2004, the principal of the credit card price that the Defendant did not pay was KRW 3,137,906 (hereinafter “the credit card price of this case”).
After that, on July 4, 2005, the Choung Bank Co., Ltd. transferred the credit card payment claim of the instant case to the Plaintiff and the Plaintiff in sequential order, and the Plaintiff transferred the credit card payment claim to the Plaintiff’s succeeding Intervenor around February 17, 2015.
The notification of the assignment of claims was also made at the time of the assignment of claims above.
Meanwhile, as of February 15, 2012, the sum of principal and interest of the instant credit card payment as of February 15, 201 reaches KRW 8,801,654 (=principal interest of KRW 3,137,906).
[Grounds for recognition] Gap 1 to 4, Eul 1 to 4, and the purport of the whole pleadings
B. Therefore, the Defendant is obligated to pay the Plaintiff’s succeeding Intervenor, the final transferee of the credit card payment claim of this case, the sum of principal and interest, 801,654 won, and delay damages, unless there are special circumstances.
2. As to the defendant's defense, the defendant raised a defense to the effect that the statute of limitations on the credit card price claim of this case had expired prior to the lawsuit of this case.
Since the credit card payment claim of this case occurred through a commercial activity which is deemed a merchant under the Commercial Act, the payment claim of this case was made for the commercial activity performed for that business (see Articles 5 and 47 of the Commercial Act), the five-year extinctive prescription is applied in accordance with Article 64 of the Commercial Act as a commercial claim.
However, the instant lawsuit was brought around February 28, 2012 when the Defendant started to pay the credit card price of the instant case on or around December 29, 2004.
(The Plaintiff’s Intervenor’s motion for intervention was made on April 1, 2015). Accordingly, the instant credit card payment claim was made.