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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) On October 14, 2005, the Defendant issued a credit card from a foreign exchange card and traded credit cards, such as the use of cash services. 2) On December 10, 2010, the foreign exchange bank that merged the foreign exchange card transferred all of the above credit card payment claims against the Defendant to the Plaintiff. On May 4, 201, the Plaintiff was delegated with the authority to notify the assignment of credit by the foreign exchange bank and notified the Defendant of the fact of the transfer of credit.
B. 1) The Defendant is the Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”).
(2) On June 21, 2013, the Daegu Bank borrowed KRW 10 million to the Plaintiff on September 24, 2002. On October 10, 2002, the Plaintiff was delegated with the authority to notify the assignment of credit to the Daegu Bank and notified the Defendant of the fact of the said transfer of credit on June 23, 2014.
[Ground of recognition] Evidence A Nos. 1 through 6, Evidence A No. 10 (including paper numbers), the purport of the whole pleadings
2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
A. Article 32 Subparag. 3 and Article 589(2) of the Debtor Rehabilitation and Bankruptcy Act provides that the interruption of prescription against the submission of a list of individual rehabilitation creditors shall become effective. Accordingly, the interruption of prescription shall remain effective while the individual rehabilitation procedure is in progress, barring any special circumstance (see Supreme Court Decision 2013Da42878, Sept. 12, 2013). Article 621(2) of the same Act provides that “The discontinuation of the individual rehabilitation procedure shall not affect the effect arising under the provisions of this Act.” As such, the statute of limitations interrupted by the submission of list of individual rehabilitation creditors shall commence anew from the time when the individual rehabilitation procedure is abolished.
In addition, the same law.