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.
The Plaintiff asserted that he had transferred the credit card payment claim against the Defendant by Han Bank Co., Ltd. (formerly: Seoul Bank) to the Defendant, and that he claimed the payment of the money stated in the claim against the Defendant. The Defendant asserted that the above claim has expired by prescription.
Even if the Plaintiff acquired the credit card payment claim against the Defendant as alleged, the period of extinctive prescription is five years as commercial claims. In full view of the purport of the entire pleadings in the statement in Gap evidence No. 2, it can be recognized that the payment period of the above credit was at latest April 16, 2009. Since the instant lawsuit was filed on May 16, 2016, which was five years after the said lawsuit was filed, the Plaintiff’s credit card payment claim against the Defendant was extinguished by extinctive prescription.
Therefore, the defendant's defense is justified and accepted.
Therefore, the plaintiff's claim is dismissed, and since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided