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(영문) 서울북부지방법원 2015.08.11 2014가단125142
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 59,691,528 and the amount of KRW 26,218,098 from July 17, 2014 to the day of full payment.

Reasons

1. The plaintiff asserts the cause and judgment of the claim as shown in the attached Form.

【National Bank Co., Ltd. (hereinafter “National Bank”) among the grounds for the claim

The part of the Plaintiff’s claim as to the aggregate of the principal and interest of KRW 29,070,338 (amounting to KRW 10,477,218 and accrued interest 18,593,120) of the principal and interest of the loan was withdrawn through an application for modification of the claims and the cause of the claim made on June 30, 2015). All of the arguments can be recognized in full taking account of each of the statements in subparagraphs 1, 4, 6, A’s evidence Nos. 2, 3, and 5-1 and 2’s evidence Nos. 1, 2 and 2.

2. The Defendant’s assertion and judgment asserted that the extinctive prescription of the credit card payment claim (hereinafter “new card claim”) of the new card company (hereinafter “new card”) and the credit card payment claim of the national bank (hereinafter “the credit card claim of this case”) has expired due to the lapse of the commercial period.

However, as alleged by the Defendant, the starting point of the extinctive prescription period for the new credit card claim of this case is April 23, 2004. Even if the starting point of the extinctive prescription period is September 20, 200, the new credit card was based on Gap evidence 7, 10, Gap evidence 11-1, and Eul evidence 2 as a whole, and the purport of the pleadings, as to the new credit card claim of this case on August 26, 2004, the Seoul Central District Court 2004Da1753928, and on September 2, 2004, the above court filed a lawsuit against the defendant for the payment of credit card bills of this case against the defendant 3,850,831 won and its 3,577,707 won to the new credit card of this case, and on September 19, 2004, the Seoul Central District Court 205Da475484 decided April 28, 2004.

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