양수금
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.
1. According to the overall purport of the statements and arguments as to the cause of the claim, the defendant entered into a contract for the use of a credit card with M&C Co., Ltd. on October 31, 1996. After that, M&C Co., Ltd. transferred the credit card user fee claim against the defendant of M&C Co., Ltd. to M&C Co., Ltd. on March 31, 2008. On March 31, 2008, M&C Co., Ltd. transferred the above credit card user fee claim to the plaintiff around March 31, 2008. At the time of the application for the payment order of this case, the defendant's credit card user fee of 804,50 won, late 1,578,80 won, total of 2,383,300 won, and delay damages. Thus, the defendant is obligated to pay to the plaintiff.
2. The defendant's defense of the extinctive prescription is proved to have expired due to the expiration of the extinctive prescription period. Thus, the defendant's defense is justified since the defendant's claim for the use of the credit card of this case constitutes commercial claims. The lawsuit of this case is clearly recorded that the defendant filed on December 4, 2014, which was more than five years after October 31, 1996 when the defendant purchased goods. Thus, the claim for the use of the credit card of this case was extinguished by the extinctive prescription.
3. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair, and the defendant's appeal is accepted and the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed as per Disposition.