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(영문) 서울중앙지방법원 2016.10.12 2016나43406
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. In full view of the reasoning of the arguments in Gap evidence No. 1, evidence No. 2-1 through 3, and evidence No. 3 as to the cause of the claim, the defendant, around November 1994, issued a credit card with a credit card holder and used it as a credit card holder to Bosa Bank (hereinafter "I bank"), the defendant's credit card user fee claim against the defendant of one bank (hereinafter "the credit claim of this case") was transferred in sequence to the plaintiff through Han F&A corporation, Korea Ef&A limited company specializing in the error-backed securitization, and Kosato Mutual Savings Bank, and the principal and interest of the claim of this case as of November 11, 2015 are total 13,535,228 won (=4,066,641 won + interest9,46,587 won).

According to the above facts, the defendant is obligated to pay to the plaintiff the total sum of KRW 13,535,228 of the principal and interest of the claim of this case and delay damages for the principal amount of KRW 4,066,641 among them, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that: (a) on April 22, 2010, the Plaintiff acquired the instant claim; and (b) thus, the period of extinctive prescription for the instant claim expired.

B. In full view of the purport of the entire pleadings as to the statement No. 2-3 of the evidence No. 2-3, the Plaintiff may recognize the fact that he/she acquired the instant claim from Nantomato Mutual Savings Bank on April 22, 2010, and the fact that the Plaintiff filed an application for payment order seeking payment of the instant claim on December 2, 2015, which was five years from that date, is apparent in the record.

However, in full view of the purport of the argument in Gap evidence No. 4, the Han Bank filed a lawsuit against the defendant on November 17, 2006 against the defendant for the payment of credit card use price by the High Government District Court 2006Gau32230, the High Government District Court 2006Gau3230, and the above court on February 15, 2007. "the defendant on February 15, 2007" 10,913,576 won against one bank and 5,52,080 won among them.

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