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(영문) 서울동부지방법원 2017.08.16 2016나27087

양수금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of the claim: (a) the Defendant entered into a credit card use contract with Han Bank on June 24, 1997; (b) entered into a loan transaction agreement with Han Bank on June 24, 1997; and (c) borrowed KRW 5 million from Han Bank on or around June 24, 1997; (d) on the credit card price claim and loan claims, Han Bank entered into a loan agreement with Han Bank on May 23, 2007; and (e) on the above credit card price claim and loan claims, Han Bank Co., Ltd., Ltd. entered into a credit card purchase agreement with the Plaintiff on April 22, 2010; (c) the Defendant did not have any obligation to pay the Plaintiff the principal amount and debt on the credit card price and loan amount at the rate of KRW 8408,695,878,878,87,87,87,887, and the Plaintiff did not have any special obligation to pay the Plaintiff the total amount of KRW 850,86,7,87,7,7,87, and87,87, etc.

2. The defendant's defense asserts that the above loans and credit card claims have expired five years after the repayment date.

Pursuant to Article 64 of the Commercial Act, each of the above claims constitutes a claim arising from a commercial activity of a single bank, the period of extinctive prescription of five years shall apply.

On the other hand, the credit card payment claim is in progress around June 24, 1997, which is the date of the loan due to the absence of the term of redemption, and the credit card payment claim is in progress at the latest. The credit card payment claim is transferred by one bank to Korea Ef&A specialized in Ef&A error-backed securitization company. < Amended by Act No. 8453, May 23,

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