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(영문) 서울북부지방법원 2020.11.10 2020가단132158
청구이의
Text

The plaintiff's claim is dismissed.

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

Reasons

1. On August 18, 2016, comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 and 2 evidence, the Defendant applied for a payment order against the Plaintiff as Seoul Northern District Court Decision 2016 tea3523, Aug. 31, 2016, and issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff would pay KRW 5,479,766 to the Defendant and its delay damages” from the above court on August 31, 2016, and that the payment order became final and conclusive on October 12, 2016.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant’s credit card payment claim is a commercial claim, and thus, the extinctive prescription period is five years.

Plaintiff

The repayment period of the obligation is at least before October 25, 2003, and the date the Defendant applied for the instant payment order is August 18, 2016, and the Defendant’s claim against the Plaintiff was already extinguished due to the completion of the statute of limitations prior to the Defendant’s application for the instant payment order.

B. The Defendant’s claim on the summary of the Defendant’s assertion was interrupted by the Defendant’s filing an application for a payment order with the U.S. District Court before the lapse of the five-year commercial prescription period. Since the Defendant’s claim was re-written prior to the completion of the statute of limitations extended, the statute of limitations for the Defendant’s claim has

3. Determination

A. In full view of each statement in Eul evidence Nos. 1 through 5 (including branch numbers, if any) and the whole purport of the pleadings, the defendant who again acquired the claim against the plaintiff on August 21, 2006 from the F Co., Ltd. which acquired the claim for each of the loans against C, D, and E, and the defendant who again acquired the claim against the plaintiff on August 21, 2006, filed a lawsuit against the plaintiff on October 18, 2006 as the Mapo District Court 2006Gapo19445. The plaintiff on October 28, 2006 and the above court 5,479,766 won and its related amount from October 25, 2003 to October 10, 206 shall be 17% per annum, and 20% per annum from October 11, 2006 to the day of full payment.

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