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(영문) 수원지방법원용인시법원 2019.04.04 2018가단122
청구이의
Text

1. The defendant's claim against the plaintiff for the credit card use fee of Suwon District Court 201Gaso6828.

Reasons

On July 31, 2001, the Plaintiff entered into a contract for the use of a credit card with the Defendant and obtained a credit card from the Defendant, and delayed payment of the credit card fee from June 25, 2004. The Defendant filed a lawsuit against the Plaintiff in Suwon Branch of Suwon District Court on February 25, 201, seeking payment of the credit card fee, etc., and around that time, the fact that the decision of performance recommendation (case number: case number: Suwon District Court 201Gau6828) against the Plaintiff became final and conclusive can be acknowledged according to the items in subparagraphs 1 through 4 and the purport of the entire pleadings.

Examining the Defendant’s credit card payment claim is a commercial claim that occurred from commercial activities and is subject to the five-year commercial prescription period, and the prescription period runs from June 25, 2004. However, the Defendant filed a lawsuit against the Plaintiff on February 25, 201 after the lapse of five years, as seen earlier, the Defendant’s credit card payment claim expired by prescription.

Therefore, we decide to accept the plaintiff's claim and it is so decided as per Disposition.

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