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(영문) 수원지방법원 2015.07.29 2014나33045
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the overall purport of arguments in Gap's evidence Nos. 1, 2, 3, and 4 (including paper numbers) as to the plaintiff's cause of action, the defendant transferred to the defendant 8,264,114 won (including foreign exchange bank 3,763,723 won Samsung Card No. 2,978,08,083 won, 1,522,308 won, and overdue interest to the defendant 3,609,453 won (in total, Samsung Capital Co., Ltd., Ltd., and hereinafter "the merger before and after the merger"), and 3,609,45 won (the total of Samsung Capital Co., Ltd., Ltd., and hereinafter "T&305 won) and 3,609,453 won (the credit card Co., Ltd., Ltd., 1,685,781,7818, Nov. 28, 2005).

According to this, barring any special circumstance, the Defendant, the obligor, is obligated to pay to the Plaintiff, the obligor, the obligee, the amount of KRW 11,873,567 (=8,264,114 won 3,609,453) and damages for delay calculated at the rate of 17% per annum from April 1, 2005 to the date of full payment of the principal amount of KRW 8,264,114.

2. The defendant's defense of extinctive prescription is a defense that the statute of limitations has expired. Therefore, if the claim such as the above credit card price has not been exercised for five years pursuant to Article 64 of the Commercial Act with commercial claim, the extinctive prescription is completed. In addition, there is no evidence to prove that the payment period of the above credit card price, etc. has arrived before May 22, 2008, the plaintiff's filing date of the lawsuit of this case (the defendant has the burden of proving the completion of extinctive prescription) and instead, Gap evidence 15-1, 2, 3, and 15-2.

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