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(영문) 서울동부지방법원 2015.09.18 2015가단20835
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

As the cause of the instant claim, the Plaintiff asserted that “the Defendant received the claim against the Plaintiff from the National Agricultural Cooperative Federation (hereinafter “CF”) on September 26, 2003 when the Defendant filed an application for a payment order with the Jeju District Court No. 2015 tea1460, and that “the Plaintiff received the claim against the Plaintiff on March 31, 2015,” and that “the Plaintiff received the payment order at the rate of 25% per annum from March 12, 2015 to the day of full payment” with respect to KRW 20,411,823 and KRW 4,73,814 from the Defendant on March 12, 2015 to the day of full payment. In light of the Defendant’s assertion, the above payment order became final and conclusive. Accordingly, the Defendant’s claim that was raised after the lapse of the extinctive prescription period from September 26, 2003, which was the date of the Defendant’s acquisition of the claim.”

Judgment

According to Gap 1-1-6, the plaintiff entered into an agreement with the National Agricultural Cooperative Federation on February 8, 2001 with a credit card membership and used it with a credit card. The plaintiff transferred the above credit card to the defendant on September 26, 2003 and notified the plaintiff of the transfer of credit at that time. The defendant filed a lawsuit against the plaintiff on August 31, 2004 with Jeju District Court Decision 2004Na42183, and "the plaintiff paid 8,052,514 won and 6,70,000 won among them and 6,50,000 won with a credit card membership agreement, and paid 25% interest per annum from February 20, 2004 to the date of full payment, and the defendant applied for the above order with the defendant on March 25, 201, and the above order with the defendant on March 31, 2005 to the date of full payment."

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