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(영문) 서울중앙지방법원 2017.10.18 2017가단5034656

양수금

Text

1. Of the instant lawsuit, a new credit card payment claim shall be dismissed.

2. The defendant 3.3.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the "creditor" is deemed to be the "defendant" for the plaintiff and the "debtor" for the entire pleadings. 【The grounds for recognition】 Each entry in the evidence of Nos. 1 through 11 and the purport of the whole pleadings.

B. The Defendant’s defense No. 1) No. 5 and No. 6 had no benefit from the protection of rights (see, e.g., Supreme Court Decision 201Da3052, Jun. 5, 2011; Evidence No. 9) No. 2, 3, and 4: The Defendant’s defense of extinctive prescription (see, e.g., Supreme Court Decision 201Da3052, Sept. 5, 201); the Defendant’s defense of extinctive prescription (see, e.g., Supreme Court Decision 201Da1173, Nov. 28, 201); the Defendant’s defense of extinctive prescription was applied for the instant payment order on March 18, 201; evidence No. 8, No. 11) No. 5 and 6.

2. For this reason, the part of the claim in this case’s credit card is dismissed, and only the remainder is accepted, and it is so decided as per Disposition.