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(영문) 서울중앙지방법원 2018.06.15 2017나91457
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. The assertion and judgment

A. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 through 5 as to the cause of the claim, credit card payment claims against the defendant of the Japanese bank were transferred to the promotion mutual savings bank, and the promotion mutual savings bank has filed a lawsuit against the defendant, and on May 23, 2007, the promotion mutual savings bank notified the plaintiff of the content of the transfer of claims against the defendant on May 23, 2007, "the defendant shall pay to the plaintiff 3,398,800 won and the amount calculated at the rate of 5% per annum from September 27, 2003 to April 18, 2007, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on June 19, 2007, the promotion mutual savings bank notified the plaintiff of the transfer of claims by mail to the defendant on June 15, 2016.

The plaintiff filed the lawsuit in this case to extend the prescription period of the above final judgment. Barring special circumstances, the defendant is obligated to pay to the plaintiff 3,398,800 won with 5% per annum from September 27, 2003 to April 18, 2007, and 15% per annum from the next day to the date of full payment.

B. As to the judgment of the defendant's defense, the defendant asserts that the plaintiff's claim for the takeover amount was limited to the extinctive prescription, and that it cannot be asserted against the debtor as the assignment of claims since there was no notification

However, the fact that the plaintiff who was delegated by the promotional mutual savings bank was notified of the transfer of the claim to the defendant, and that the defendant's punishment B received it is recognized by the statement of evidence No. 5.

In addition, the extinctive prescription of the claim established by the judgment is ten years and the Civil Code Article 165.

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