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(영문) 서울서부지방법원 2015.10.16 2015가단222176
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 203,361,670 and KRW 48,108,553 among them, from February 25, 2015 to the date of full payment.

Reasons

1. The Defendant, on April 24, 2001, obtained a credit card from the Japanese bank, and used it on February 24, 2015, the principal amount to be attempted as of February 24, 2015 is KRW 48,108,553, and delay damages are KRW 155,253,117.

The Japanese bank transferred the above bonds to Solomon Savings Bank, Solomon Savings Bank, to the Plaintiff, and notified the transfer.

[Ground of recognition] Facts without dispute, Gap 1 through 3, the purport of the whole pleadings

2. The defendant asserts that the above claim has expired by prescription.

However, comprehensively taking account of the overall purport of the arguments in Gap's statement, it is recognized that Solomon Savings Bank Co., Ltd. received a payment order against the defendant on April 22, 2005 on the above claim and the above order became final and conclusive on May 28, 2005. Since the plaintiff applied for the payment order of this case on March 18, 2015, which was before the lapse of 10 years from the plaintiff, the defendant's defense is without merit.

3. According to the conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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