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(영문) 서울중앙지방법원 2020.02.12 2019나3812
양수금
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. The plaintiff succeeding intervenor's claim is dismissed.

3...

Reasons

1. Facts of recognition;

A. The credit card loan (principal principal 4,155,184 won) and credit card bonds (principal 5,789,175 won, hereinafter the above two claims) were transferred to the Plaintiff on October 31, 2003, and the above transfer was notified to the Defendant on December 19, 2003.

B. On December 10, 2009, the Plaintiff’s succeeding intervenor received the instant claim from the Plaintiff, and notified the Defendant of the transfer on May 4, 2010.

[Reasons for Recognition] Facts without dispute

2. Determination on the cause of the claim and Defendant’s defense

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Intervenor succeeding to the Plaintiff totaling KRW 9,944,359 of the principal amount of the instant claim and delay damages therefrom, unless there are special circumstances.

B. The defendant's defense and judgment were extinguished by prescription. The defendant's defense and judgment of this case were defenses.

In this case, the intervenor succeeding to the plaintiff as to May 21, 2003 at the latest when the initial date of the extinctive prescription of the claim of this case begins. It is evident that the lawsuit of this case was filed on December 31, 2008, which was five years after the lapse of the extinctive prescription of the commercial company.

(A) The Plaintiff’s succeeding intervenor asserted that there was a possibility that the extinctive prescription had been interrupted by D or the Plaintiff, and there is no evidence to acknowledge this). Therefore, the instant claim expired by prescription.

Since the defendant's defense is reasonable.

3. If so, the plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed. The plaintiff's claim by the plaintiff succeeding intervenor is dismissed as it is without

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