손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The credit card payment claim against the Plaintiff of E Co., Ltd. (hereinafter “instant credit card payment claim”) was transferred to F Co., Ltd. on or around March 4, 2003. After that, on or around June 15, 2011 through G Co., Ltd., Defendant B Co., Ltd. (hereinafter “Co. H”), on or around September 7, 2012, I transferred the instant credit card payment claim to J Co., Ltd. in sequential order around November 12, 2014; J Co., Ltd filed a lawsuit against the Plaintiff on November 11, 2015 (Seoul Central District Court Decision 2015Da687359); “The Plaintiff’s above court did not pay money to J Co., Ltd. at the rate of 43,426,81, and KRW 3616,00,000 among the parties’ respective pleadings or was determined to be 30% of the total amount of money paid, 2016.”
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion is that the transfer of the instant credit card payment claim, the extinctive prescription of which has expired, to the I Limited Company constitutes a tort. Accordingly, the J-based Limited Company, which is the final transferee of the instant credit card payment claim, filed a lawsuit against the Plaintiff against the Plaintiff and sustained damages equivalent to the above judgment amount by rendering the Plaintiff’s judgment. Defendant B is obligated to compensate the Plaintiff for the delayed damage, and Defendant D, as the representative director of Defendant B, is jointly and severally liable to compensate the Plaintiff for the said damage pursuant to Articles 389(3) and 210 of the Commercial Act.
B. We examine the judgment, and the prescription period of the credit card payment claim of this case is completed at the time when Defendant B transferred the credit card payment claim of this case to I limited company.