양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion was used on or around June 10, 1992 by the foreign exchange credit card from Korea Exchange Bank, which was issued with the foreign exchange credit card, but since June 26, 2004, as of March 29, 201, the defendant delayed the payment of the above credit card price and added the principal amount of KRW 673,898 as of March 29, 201, and the total amount of KRW 1,813,063 remains. The Korea Exchange Bank transferred the above card price claim against the defendant to the plaintiff on or around March 8, 2011, and notified the defendant of the assignment of the credit. Thus, the defendant is obligated to pay the amount stated in the claim to the plaintiff.
2. According to the evidence evidence Nos. 1 and 4, the Plaintiff’s above assertion may be acknowledged. However, as alleged by the Plaintiff, even if the Defendant delayed the payment of the credit card payment claim of this case from June 26, 2004, it is evident in the record that the Plaintiff’s application for the payment order of this case was filed on April 1, 201 after the lapse of five years thereafter, and thus, the instant credit card payment claim of this case expired by prescription.
Therefore, since the defendant's defense of extinctive prescription is well-grounded, the plaintiff's above assertion cannot be accepted.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair, and it is so revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.