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(영문) 청주지방법원제천지원 2016.06.01 2016가단109
청구이의
Text

1. The Defendant’s decision on the Defendant’s recommendations for the acquisition of Cheongju District Court Decision 2008Gau 12125 against the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 26, 2003, Hyundai Card Co., Ltd. (hereinafter “Modern Card”) transferred credit card payments and loans to the Plaintiff, 3,998,800 won, and claims for delayed payment (hereinafter “claims, such as the instant credit card price, etc.”) to the Promotion Mutual Savings Bank (hereinafter “Promotion Savings Bank”) and notified the Plaintiff of the fact of transfer on July 26, 2003.

B. On November 3, 2008, the Promotion Savings Bank filed a lawsuit against the Plaintiff for the performance of claims, such as the credit card price, etc. of this case with the Cheongju District Court Decision 2008Gau12125, Nov. 13, 2008. The court decided on November 13, 2008 to the effect that “the Plaintiff shall pay to the Promotion Savings Bank 8,970,807 won and 3,881,713 won per annum from the day following the final delivery of the copy of the complaint of this case to the day of full payment.”

(hereinafter “instant decision on performance recommendation”). The instant decision on performance recommendation reached the Plaintiff on November 17, 2008, and became final and conclusive on December 2, 2008.

C. The Defendant received bonds, such as the credit card price, from the Promotion Savings Bank around 2011.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff asserts that the credit card price and other claims of this case were extinguished by the extinctive prescription. Thus, as recognized earlier, in light of the fact that Hyundai Card transferred its claims, such as the credit card price and other claims to the Promotion Savings Bank on June 26, 2003, the due date for the payment of the above claims is around June 26, 2003, and the above claims are arising from the commercial activities of Hyundai Card, and the due date for the payment of claims is five years.

In addition, on November 3, 2008, which was five years after the due date of the above credit, the Cheongju District Court No. 2008Gau12125 filed a lawsuit seeking the performance of the above credit.

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