beta
(영문) 광주지방법원 2015.09.09 2015가단20037

채무부존재확인

Text

1. The loan contract between the Plaintiff and the new card company (formerly: LG card corporation) on September 2, 1997.

Reasons

On September 2, 1997, the Plaintiff borrowed KRW 2,393,000 as of December 12, 199 by setting the due date from the New Card Co., Ltd. (formerly: LG Card Co., Ltd.) and thereafter, a new card Co., Ltd. transfers the above principal and interest claim against the Plaintiff to the Defendant does not dispute between the parties.

Since it is apparent that the act of the above loan to the plaintiff of a new card company was done for business and five years have passed since the above repayment period was due, the claim for the acquisition of the above loan to the plaintiff was extinguished by prescription, barring any special circumstance.

As to this, the defendant approved the existence of the above debt, and the plaintiff filed the lawsuit of this case after the defendant notified the plaintiff, so the prescription has been suspended. However, there is no evidence to acknowledge the plaintiff's debt approval and the defendant's peremptory notice against the plaintiff.

If so, there is no obligation between the Plaintiff and the New Card Co., Ltd. on September 2, 1997 between the Plaintiff and the new card Co., Ltd., and interest or delay damages on the loan contract of September 2, 1997.

As such, the plaintiff's claim of this case is accepted on the ground of the reasons.