채무부존재확인청구
1. The judgment of the court of first instance is modified as follows.
The defendant's interest claim account of KRW 442,082 against the plaintiff.
1. Basic facts
A. On March 26, 2002, the Plaintiff entered into a credit card use contract with Samsung Card Co., Ltd. and received a credit card, and became liable for interest on the credit card price (hereinafter “instant interest claim”) and the credit card loan loan obligation (hereinafter “instant loan claim”).
B. Each of the instant claims against the Plaintiff of Samsung Card Co., Ltd. was transferred to the Defendant, on March 31, 2008, to the Promotion Mutual Savings Bank Co., Ltd., and on April 10, 2009, to the Plaintiff (the Credit Counseling and Recovery Fund, Co., Ltd.). A notice of each of the instant claims assignment was given to the Defendant around that time.
C. The balance of each of the instant claims as of June 9, 2016 is KRW 22,464,972 in the aggregate of KRW 442,082 and KRW 22,022,890 (i.e., principal interest interest of KRW 5,339,982 and KRW 16,682,90).
[Reasons for Recognition] Unsatisfy, Evidence Nos. 1, 2 and 2-1 to 3 of the evidence No. 1, and the purport of the whole pleadings
2. Determination
A. 1) The Plaintiff’s assertion 1 is a commercial claim and the extinctive prescription has expired due to the application of a five-year commercial extinctive prescription for each of the instant claims, and the Defendant’s execution of provisional seizure on the Plaintiff’s property with each of the instant claims as preserved claims on August 2016. The Plaintiff has a benefit to seek confirmation of non-existence of each of the instant claims against the Defendant. (2) The Defendant’s assertion promotion mutual savings bank received a favorable judgment from the Plaintiff by filing a lawsuit against the Plaintiff regarding each of the instant claims against the Plaintiff, and the said judgment became final and conclusive on November 17, 2009, and the Plaintiff entered the Defendant as the obligee in the list of individual rehabilitation creditors with the Suwon District Court 2017Da37431, and thus, the extinctive prescription for each of the instant claims was not expired.
B. Determination 1: (a) No. 1-2, and No. 2-2, of No. 1-2; and (b) of the judgment on the claim for the instant loan claim.