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(영문) 서울중앙지방법원 2016.09.20 2016가단5099649

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 67,428,98 and KRW 15,523,449 from February 29, 2016 to the day of full payment.

Reasons

1. As the Plaintiff’s judgment on the cause of the claim in this case may be recognized by comprehensively taking account of the overall purport of the pleadings as to the entries in the separate sheet Nos. 1 through 12 (including serial numbers), the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 17% per annum from February 29, 2016 to the date of full payment of the principal and interest amounting to KRW 67,428,98 and the principal amounting to KRW 15,523,49.

2. The defendant's defense is proved to have expired due to the expiration of the extinctive prescription period by the plaintiff. However, according to the evidence mentioned above, the new card company (former El Card Co., Ltd.) which is the transferor of credit card requested the defendant to issue a payment order against the defendant as Daegu District Court 2006 tea4232, which is the transferor of credit card and received the payment order on February 24, 2006, and then received the payment order on March 28, 2006, and then the above payment order became final and conclusive. Accordingly, the extinctive prescription has been interrupted and the same will proceed again.

However, the fact that the Plaintiff, the assignee of the above payment order, filed the instant lawsuit on March 10, 2016, before the lapse of ten years from the date on which the payment order became final and conclusive, is apparent in the record, and the Defendant’s defense of extinctive prescription is therefore groundless.