beta
(영문) 인천지방법원 2015.01.28 2013가단224129

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant obtained credit cards from financial institutions or obtained loans, and on May 27, 2013, the sum of the principal and interest on obligations as of May 27, 2013 is KRW 82,397,937 (= Principal KRW 21,686,00 and KRW 60,711,937).

A A

B. On May 13, 2005, each of the above financial institutions transferred each of the above claims (hereinafter “each of the claims of this case”) to the Plaintiff. Around that time, each of the claims assignment was notified to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, evidence 4-1 through 4, 5, and 6, and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the sum of the principal and interest of the above debt amounting to KRW 82,397,937 and delay damages for the principal amounting to KRW 21,686,00, except in extenuating circumstances.

3. The defendant's defense as to the defendant's assertion is defense that each of the claims of this case expired by prescription.

On May 30, 2013, which was the date of the payment order of the Plaintiff, the period of extinctive prescription of each of the instant claims is five years pursuant to Article 64 of the Commercial Act, and on May 30, 2013, which was the date of the payment order of the Plaintiff, the date of the payment of each of the instant claims, as seen in the above basic facts, it is apparent that five years have passed since May 13, 2005, which was the date on which the Plaintiff acquired the claims from each of the financial institutions. Thus, the Plaintiff’s respective of the instant claims has already been completed, and therefore, the Defendant’s defense

On August 28, 2008, the Plaintiff, either directly or as the representative of the Defendant, approved the Plaintiff’s obligation to the Plaintiff, and even if there was no legitimate power of attorney to approve the obligation on behalf of the Defendant, the recognition of the obligation by B becomes effective to the Defendant by means of an expressive representation under Article 126 of the Civil Act. Thus, it is re-convened to the effect that the extinctive prescription of each of the claims of this case was interrupted or the benefits of completion of prescription