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(영문) 서울중앙지방법원 2017.09.20 2017가단5049306
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay KRW 92,984,027 and KRW 38,666,727 among them from December 1, 2016 to the date of full payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

However, the 'creditor' is regarded as the 'defendant'.

- 2-

(b) The phrase “within the limit of 1300,000” as set out in paragraph is a clerical error “within the limit of 26,000,000 won”;

(i) [The purport of each entry and whole pleadings as to evidence A of subparagraphs 1 through 9, 11 through 14 of the grounds for recognition.]

B. Some dismissal portion 1) The Defendants asserted that the statute of limitations has expired for the claim for the payment of the foreign card No. 1. The Defendant’s claim for the payment of the credit card No. 2. The loan date of this claim is January 11, 2002, and the foreign exchange card was applied for the payment order of this case on December 8, 2016, more than five years prior to the expiration date of the statute of limitations, even from October 2009, when the foreign exchange card transferred the claim to the Plaintiff. 2) Accordingly, it is reasonable to view that this claim has expired by the statute of limitations. 2) Accordingly, the Plaintiff entered into a debt adjustment contract with the Plaintiff on January 31, 2012, with respect to the payment of the credit card No. 1, which constitutes the approval of the debt, and this was not completed since the Plaintiff applied for the payment order of this case before five years have passed thereafter.

However, the Plaintiff’s assertion is rejected as it is insufficient to recognize that only the descriptions of Nos. 10-1 and 2 of the evidence No. 10-2 were concluded, as alleged by the Plaintiff.

2. For this reason, the Plaintiff’s claim is partially dismissed and it is so decided as per Disposition.

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