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(영문) 서울중앙지방법원 2015.06.24 2015나10522

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In full view of the purport of the argument in Gap evidence No. 1, the judgment on the cause of the claim, as a whole, a limited liability company specializing in asset-backed securitization (hereinafter referred to as "asset exchange card") filed a lawsuit against the defendant for the claim for acquisition of money with Seoul Western District Court 2004 Ghana48246, and the defendant in the above case "the defendant shall pay to the plaintiff (hereinafter referred to as "asset exchange card") 4,560,592 won not later than December 31, 2004, and if this is delayed, he shall pay the money calculated at a rate of 20% per annum from the due date to the due date in full payment." Since the above decision became final and conclusive on August 26, 2004, the claim for asset-backed exchange card was transferred to Busan District Bank, which was transferred to the plaintiff at the rate of 205% prior to the expiration of the extinctive prescription period from 2004 to the date of expiration of the period of 2004.

2. The defendant's argument as to the defendant's claim is that the defendant's above debt is the price using the card under the name of the defendant which is illegally known to the non-party B, and the defendant does not have an obligation to pay it, and the ten-year extinctive prescription has expired for the above debt, but the defense of the card by the defendant is finalized in the above case of No. 2004Gau48246.