logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.22 2017나59017
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant’s judgment on the cause of the claim entered into a credit card contract with the National Agricultural Cooperative Federation in around 2001, and received a loan of KRW 3,772,706 by using the credit card; the National Agricultural Cooperative Federation transferred the above loan claims to the Plaintiff on March 23, 2005; the notification of the assignment of claims at that time reaches the Defendant; and the fact that the damages for delay until September 30, 2013 for the above loan was 9,462,897 may be acknowledged by taking into account the entire purport of the pleadings as a whole.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the total sum of KRW 13,235,603 as well as KRW 3,772,706 as from October 1, 2013, barring special circumstances.

2. The Defendant alleged that the Plaintiff’s claim had expired by prescription, and thus, binfin.

The above loan claims are arising out of commercial activities and the extinctive prescription period is five years, and comprehensively taking account of the overall purport of the pleadings (such as debt certificate, etc.), it can be recognized that the payment period of the above loan claims is September 16, 2003. The fact that the application for the payment order was filed on October 1, 2013 after five years have elapsed is apparent in the record, and thus, the above loan claims have expired by the extinctive prescription.

Therefore, the defendant's above assertion is justified.

3. Conclusion, the plaintiff's claim should be dismissed as it is without merit.

The judgment of the first instance is unfair on the contrary of this conclusion, and thus, the judgment of the first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

arrow