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(영문) 서울중앙지방법원 2016.02.03 2015나21799
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim and the plaintiff's successor's claim are all dismissed.

3...

Reasons

1. Basic facts

A. On November 30, 200, the Defendant lost the benefit of time due to the delay in payment of the credit card fee while using the credit card (SCAS H flus card) with the credit card issued by Choung Bank on November 30, 200. The credit card use fee in arrears as of March 30, 2002 is KRW 2,180,754.

(Standard of principal and interest for arrears separately).

On March 30, 2002, Choung Bank transferred to the Plaintiff the above credit card user claim against the Defendant. On June 25, 2008, the Plaintiff notified the Defendant of the assignment of the above credit card transferee claim upon delegation by Choung Bank.

C. On October 6, 2009, the Plaintiff transferred the credit card use price claim against the Defendant to C&B Investment Loan Co., Ltd., and notified the Defendant of the transfer of the above credit on January 8, 2010.

On June 21, 2013, C&B Investment Loan Co., Ltd. transferred the claim against the Defendant for the use of the credit card against the Plaintiff to the Intervenor succeeding to the Plaintiff. On June 23, 2014, the Plaintiff’s succeeding intervenor notified the Defendant of the assignment of the credit card assignment upon delegation by C&B Investment Loan Co., Ltd.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 5, the fact-finding results on the new card corporation at the court of the trial, the purport of the whole pleadings

2. The assertion and judgment

A. First, the Plaintiff’s claim in this case was already transferred to the Defendant’s health team and the Plaintiff’s credit card use-price claim against the Defendant. Therefore, the above claim is without merit.

B. According to the above facts, the defendant is obligated to pay the above transfer money to the plaintiff succeeding intervenor, who is the final transferee of the above credit card use-price claim, barring special circumstances.

As to this, the defendant's defense that the extinctive prescription has expired, the defendant transferred the credit card use fee claim against the defendant to the plaintiff on March 30, 2002, which was after the date of loss of the defendant's term interest. The above credit card use fee claim against the defendant was transferred from March 30, 2002, which is the date of the assignment of the above credit.

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