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(영문) 서울중앙지방법원 2015.09.01 2015가단5043854
양수금
Text

1. The defendant shall pay to the plaintiff KRW 32,732,069 as well as KRW 16,715,681 among them, from February 25, 2015 to the date of full payment.

Reasons

1. Determination

A. The Defendant entered into a credit card contract with a foreign exchange card around 1999. (2) Around February 25, 2015, the claim under the credit card contract under the foregoing paragraph (1) remains in total of KRW 32,732,069 (hereinafter “the claim in this case”). As of February 25, 2015, the sum of the principal amount of KRW 16,715,681 and interest and delay delay damages KRW 16,016,38.

(3) On June 5, 2012, the Plaintiff received the instant claim from the Korea Exchange Bank, and notified the Defendant of the acquisition of the claim.

[Ground of recognition] Evidence A2-1, Evidence A3-1, Evidence A4-1, and Evidence A5-1, and the purport of the whole pleadings

B. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 32,732,069 and the amount of KRW 16,715,681, whichever is the principal, to the Plaintiff at the rate of 17% per annum from February 25, 2015 to the date of full payment.

C. The Defendant asserts that the period of five-year extinctive prescription has expired with the commercial claim of this case.

According to the statement of evidence No. 6, the Korea Exchange Bank, a corporation, applied for a payment order against the defendant by the Incheon District Court 2010 tea7185, and the above payment order was finalized on September 14, 2010.

Therefore, the extinctive prescription of the instant claim was interrupted due to the above payment order and the instant lawsuit was filed before ten years have elapsed since the date when the payment order became final and conclusive, the Defendant’s assertion of extinctive prescription

2. If so, the plaintiff's claim of this case is accepted for reasons.

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