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(영문) 서울중앙지방법원 2017.05.23 2015가단5016173
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In full view of each of the statements in Gap evidence Nos. 1 through 4, it is recognized that "the cause for the claim" was stated in the application for the payment order in attached Form No. 80,863,988 won, and the defendant is obligated to pay to the plaintiff the sum of the principal and interest of the transfer money and delay damages in delay for the principal amount of KRW 21,845,932

(hereinafter “instant claim.” Since the Defendant asserts that the extinctive prescription of the instant claim has expired, it is reasonable to view that the instant claim that the Plaintiff acquired was due on December 31, 2001, which is the date of initial assignment of claims, is not clear, but at least the time when the Plaintiff acquired was due on December 31, 2001. The instant claim that the Plaintiff acquired is a credit card user’s claim with five-year commercial extinctive prescription. It is obvious that the instant lawsuit was filed on October 29, 2014, when five years have elapsed since the said claim was due.

Therefore, since the statute of limitations has expired, the defendant's above assertion is reasonable.

On the other hand, the plaintiff filed a claim of this case against the defendant on September 16, 2005 with Suwon District Court 2005Gau9721 (hereinafter "the previous suit of this case") and suspended the extinctive prescription. On March 23, 2006, upon winning a favorable judgment on March 23, 2006, the judgment became final and conclusive on April 8, 2006. Since the lawsuit of this case was filed on October 29, 2014, before ten years have passed since the prescription period for the claim of this case was not expired, this case's claim was asserted to the effect that the promotion mutual savings bank corporation filed a credit card payment claim with the previous suit of this case on September 16, 2005, and received a favorable judgment on March 23, 2006, but it can be recognized that the credit card payment claim of this case was identical to the claim of this case on March 23, 2006.

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