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(영문) 서울서부지방법원 2018.09.13 2018나35992
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 8 and arguments as to the cause of the claim, the defendant entered into a credit card contract with shot Card Co., Ltd., and delayed payment of the loan around December 25, 2004 by using a credit card from shot Card Co., Ltd., and on September 28, 2010, shot Card Co., Ltd. transferred the Defendant’s credit to Solomon Savings Bank (hereinafter “the instant credit”). The instant credit was transferred to the Defendant on December 1, 2011; on May 21, 2013, 200, shot Card Co., Ltd., Ltd.; on October 26, 2015; on December 15, 2015, 196, the Defendant issued the instant credit card Co., Ltd. to the Defendant on December 16, 2015; on the other hand, on 15, 2015.

2. The defendant's defense is a defense that the claim of this case was extinguished by the completion of prescription. Thus, the claim of this case is extinguished by the completion of prescription after the lapse of five years from the date when the claim of this case was able to be exercised with the application of commercial prescription as a loan by using credit card. It is obvious in the record that the lawsuit of this case was filed five years from December 25, 2004 from the date of delinquency of the claim of this case on which the claim of this case can be exercised. Thus, it is reasonable to view that the claim of this case was already extinguished by the completion of prescription, barring any special circumstances

Therefore, the defendant's defense is justified.

3. The plaintiff's conclusion is that of this case.

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