양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff succeeding intervenor's claim is dismissed.
3. The total cost of the lawsuit.
1. Basic facts
A. On March 2002, the Defendant entered into a contract to use the current credit card with the Korea Credit Card Co., Ltd. (hereinafter “Korea Card”), and used the credit card from around that time, and received a total of KRW 1,030,000 from the Korean Card.
Accordingly, the Defendant’s credit card use price and loan obligation on the Defendant’s credit card that occurred until January 7, 201 was KRW 6,613,112 (=principal interest of KRW 2,196,640, KRW 121,176 overdue interest of KRW 4,295,296).
B. On April 30, 2003, our card transferred the credit card usage price and loan claim (hereinafter “the instant claim”) held against the Defendant to the Defendant, and notified the Defendant of the transfer of the instant claim. Since then, the instant claim was transferred before transfer, and was transferred to the Plaintiff’s Intervenor on September 26, 2012. On January 12, 2015, the Defendant was notified of the transfer of the instant claim to the Defendant.
[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 through 6 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant, who is the transferee of the instant claim, is obligated to pay the Plaintiff’s Intervenor the Plaintiff’s successor the amount of the instant claim, KRW 6,613,112, and delay damages for KRW 2,196,640, which is the principal of the instant claim.
B. As to this, the defendant asserts that the claim of this case is a claim arising out of commercial activities and five years of extinctive prescription is expired.
As seen earlier, the instant claims are arising from financial transactions conducted by our card companies and payment and settlement services using credit cards, which are merchants, and thus, constitute a fundamental commercial activity provided by Article 46 of the Commercial Act or an ancillary commercial activity conducted by a merchant as provided by Articles 5(2) and 47(2) of the Commercial Act for its business purposes.