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(영문) 서울서부지방법원 2017.02.03 2016나36106
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim against the defendant is dismissed.

3. All costs of the lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff obtained a credit card from a national credit card company on October 14, 2001 and used the credit card since that time, but did not pay the credit card amount.

B. On April 15, 2003, the National Credit Card Co., Ltd. transferred credit card payment claims against the Defendant (hereinafter “the instant credit card payment claims”) to the Defendant, and notified the Defendant of the assignment of claims at each time, respectively, on November 10, 2006, to the Defendant Solomon Mutual Savings Bank.

C. As of September 5, 2013, the principal and interest of credit card payment claims in this case are KRW 18,107,196, and the principal and interest of the credit card payment claims are KRW 4,896,145.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 4 (including the serial number), the purport of the whole pleadings

2. According to the facts of the judgment on the plaintiff's cause of claim, the defendant is obligated to pay the plaintiff who acquired the credit card payment claim of this case to the sum total of KRW 18,107,196 and the principal amount of KRW 4,896,145, except in extenuating circumstances.

3. The defendant's defense is asserted that the five-year extinctive prescription has expired since the defendant obtained a credit card from a national credit card company around October 2001 and used it until March 2003.

According to the evidence No. 3-1 of this case, it can be acknowledged that the principal (4,896,145 won) at the time when the national credit card corporation transferred the credit card price claim of this case to the Orren Support Limited Liability Company on April 15, 2003 is the same as the principal that the plaintiff is seeking payment in the lawsuit of this case. In light of these facts, the credit card use price of this case seems to have been in arrears prior to April 15, 2003, and the credit card use price of this case is deemed to have been in arrears.

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