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(영문) 서울중앙지방법원 2016.12.09 2016가단5202896
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that since the credit card price claim against the defendant of Hyundai Card Co., Ltd. and the credit loan claim against the defendant of the non-party Hyundai Card Co., Ltd. were finally acquired, the defendant asserts that the defendant is obligated to pay the plaintiff a sum of KRW 103,917,906 and delay damages for the principal amount of KRW 22,185,005 among them, and the defendant asserts that the plaintiff's claim for the transfer price was extinguished due to the completion of prescription.

2. In full view of the overall purport of the pleadings in Gap evidence No. 3, the Hyundai Card Co., Ltd. first transferred his claim against the defendant on Jun. 26, 2003, and the foreign exchange credit card Co., Ltd. first transferred its claim against the defendant on Nov. 12, 2003. According to the above facts of recognition, the claim against the defendant was already due at the time of transfer, and it is obvious that the claim against the money was filed after the lapse of the five-year statute of limitations. Thus, the claim against the money was extinguished due to the completion of the statute of limitations.

Therefore, the defendant's above defense is well-grounded, and the plaintiff's claim for the assignee fee is groundless.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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