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(영문) 서울중앙지방법원 2016.04.08 2015가단5346003

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The reasons for the claim are as shown in the annexed sheet of claim;

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 46,221,477 with credit card payment and delay damages for the principal amount of KRW 26,047,795, except in extenuating circumstances.

B. The defendant's defense of extinctive prescription is a defense to the effect that each of the obligations of this case has expired after the expiration of extinctive prescription, and thus, in full view of the whole purport of the pleadings as to the result of the order to submit financial transaction information to one card corporation, the citizen card of this court, and the whole purport of the pleadings, the defendant can recognize the fact that the defendant delayed payment of each credit card payment around 2006. Since the lawsuit of this case was filed on September 17, 2015, five years after the lawsuit of this case, the extinctive prescription of each credit card price claim

Therefore, the defendant's defense of extinctive prescription is justified.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.