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(영문) 서울중앙지방법원 2017.04.18 2016가단5234497

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Attached Form

Inasmuch as there is no dispute between the parties to the claim, the Defendant is obligated to pay to the Plaintiff the sum total of KRW 88,320,613 of the principal and interest of the acquisition amount and the delay damages for the principal amount of KRW 22,526,99,95, barring special circumstances.

Since the defendant asserts that the above credit amount claim has expired after the expiration of the extinctive prescription period, it is reasonable to view that the payment period of the above credit amount claim that the plaintiff acquired by transfer was due at least on July 13, 2005, which is the first credit transfer date, and that the credit card use payment claim that the plaintiff acquired by transfer is a claim arising from commercial activity, and the five-year commercial extinctive prescription period is applicable. It is evident that the lawsuit in this case was filed on October 11, 2016, when five years have passed since the payment period of the above credit amount was due.

Therefore, the above claim of the defendant is justified since the extinctive prescription of the above claim for the money was completed and extinguished.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.