(영문) 서울남부지방법원 2017.02.03 2016나55993

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(영문) 서울남부지방법원 2017.02.03 2016나55993

양수금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 28, 1992, the Defendant opened a credit card holder of KB National Card Co., Ltd. (hereinafter “National Card”) with a credit card from around that time and used it with a credit card from that time. On August 30, 2002, the Defendant obtained and used a loan of KRW 3 million using the above credit card.

B. From December 28, 2001, the Defendant began to delay the credit card user fee of KRW 10,982,145 (hereinafter “the credit card user fee claim of this case”). From January 29, 2002, the Defendant began to delay the payment of KRW 1,106,395 (hereinafter “the loan claim of this case”).

C. On February 11, 2003, the National Card sold (transfer) credit card usage price claims and loan claims to a limited liability company specializing in siren support securitization (hereinafter “Lene support securitization”), and on October 25, 2006, the Orren support securitization transferred each of the above claims to a Solomon Mutual Savings Bank, and on December 10, 201, the Solomon Mutual Savings Bank transferred each of the above claims to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, fact-finding response to the KB national card by this court, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion (1) The Plaintiff claimed that the principal of each of the instant loans is KRW 1,109,745 from the creditor’s national card, which is the creditor. This seems to be the sum of the principal of the instant loans and KRW 3,350.

B The Defendant asserts that the Plaintiff should pay each of the above obligations to the Plaintiff, inasmuch as he lawfully acquired the entire obligation.

(2) As to this, the Defendant did not receive notice from the national card that it transferred each of the claims of this case, and did not so.

Each of the claims in this case asserts that the five-year commercial statute of limitations has lapsed.

B.(1) Transfer of a nominative claim shall be notified to the obligor by the transferor.

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