(영문) 서울중앙지방법원 2015.11.11 2015나39301

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(영문) 서울중앙지방법원 2015.11.11 2015나39301

양수금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

In the first instance trial, the Plaintiff sought to pay KRW 13,142,474, the sum of the principal and interest on loans to the Defendant, which was acquired from the Defendant, and credit card use charges, to the Defendant, which was acquired from the Slive Card Co., Ltd. (hereinafter “Slive Card”). The first instance court accepted only the claim amount of KRW 5,294,013, among the Plaintiff’s claims, and dismissed the claim amount of credit card use charges that were received from the Slive Card.

As to this, since only the Plaintiff appealed on the part against which the claim for the payment of the credit card was made, this Court’s judgment is limited to the part on which the claim for the payment of the credit card was made (the amount of KRW 7,849,348 of the purport of appeal in the petition of appeal is deemed to have been erroneously recorded due to erroneous calculation). According to the entries in the evidence No. 5, and No. 6, the Defendant was issued a credit card from the registration card around 1996, and the Defendant used the credit card from the registration card around 1996, and the registration card was transferred to the Plaintiff on June 28, 2013, and the Plaintiff was delegated with the authority to notify the transfer of the payment of the credit card to the Defendant on June 23, 2014, the principal and interest of the credit card use price as of July 16, 2014 as to the credit card use price claim is recognized as either the principal and interest (=1,904, 104 won, 354, 57).

According to the above facts, the defendant is obligated to pay to the plaintiff the acquisition amount of KRW 7,848,461 and delay damages for the principal amount of KRW 1,904,104,104, except in extenuating circumstances.

The defendant's assertion on the defendant's defense does not have any economic act such as bank, loan, and card use after May 24, 2004, and thus the plaintiff's claim has become extinctive prescription.

Judgment

The defendant did not pay the credit card use price after March 25, 2003.

유사 판례

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